This Website, http://www.revengeis. com (“Website”), is hosted by Revenge Is LLC (“Revenge Is”).
By using the Website, you agree to be bound by all the terms and conditions contained in this Conditions of Use Agreement (“Agreement”). Please read this Agreement carefully. By using the Website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use any current or future version of the Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Conditions of Use Agreement. Your use of the Website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.
We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us, whether through the Website, e-mail, facsimile, U.S. mail or other means, shall be and remain the exclusive property of Revenge Is. Your submission of any such Comments shall constitute an irrevocable assignment to Revenge Is of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Revenge Is and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Revenge Is … and other marks indicated on our Website are trademarks or registered trademarks of Revenge Is and its affiliates in the United States. All rights in such names are hereby reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Revenge Is or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Revenge Is or its respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of Revenge Is or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by Revenge Is or its third-party licensors, if any, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Revenge Is or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Revenge Is or its lawful successors and assigns.
For usage permission, please contact us via e-mail at email@example.com.
Revenge Is respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide Revenge Is’ Copyright Agent with the following information:
(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the Website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so that Revenge Is may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Revenge Is’ Copyright Agent for notice of claims of copyright infringement on the Website is Revenge Is’ President, who can be reached as follows:
Revenge Is LLC
2355 Westwood Boulevard
Los Angeles, CA 90064
Revenge Is grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Revenge Is. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Revenge Is. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Revenge Is and its affiliates without express written consent of Revenge Is. You may not use meta tags or any other hidden text using Revenge Is’ name or trademarks without the express written consent of Revenge Is. Any unauthorized use will immediately terminate the permission or license granted by Revenge Is.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Revenge Is so long as the link does not portray Revenge Is or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Revenge Is in its sole discretion. You may not use any Revenge Is logo or other proprietary graphic or trademark as part of the link without express written permission of Revenge Is. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from Revenge Is.
The Site may contain hyperlinks (“links”) to websites operated by persons or entities other than Revenge Is (“third-party Web Sites”) or to co-branded websites operated by a third party, including affiliates (“co-branded Websites”). We provide such links for your reference and convenience only. A link from Revenge Is to a third-party Website does not imply or mean that we endorse the content on that third-party or co-branded Website or the operator or operations of that Website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Websites to which you might link from our Site. REVENGE IS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
“Public Forum” means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of the Website. The Website may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of Revenge Is’ posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of Revenge Is and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by Revenge Is including, but not limited to, any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. Revenge Is reserves the right to remove or edit content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.
Revenge Is is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. Revenge Is reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.
By communication in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Revenge Is a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You warrant that all so-called “moral rights” in those materials have been waived.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
REVENGE IS DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on the Website or who are referred in our newsletter or any Public Forum. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product or service from, or following the advice of, a third party.
We are not involved in any actual transaction between any Website user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any Website user and third party relating to or arising out of any transaction between such parties. We urge Website users and third parties to cooperate with one another to resolve any such disputes.
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Revenge Is. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Revenge Is or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as: accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.
All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Revenge Is. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when Revenge Is delivers these items to the carrier.
Revenge Is attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. Most Revenge Is products displayed on the Website are available in select retail stores in the United States while supplies last. In some cases, merchandise displayed for sale at the Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate.
THE WEBSITE IS PROVIDED BY REVENGE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVENGE IS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVENGE IS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL REVENGE IS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED WEBSITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO REVENGE IS THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.
Any dispute relating in any way to your visit to Revenge Is or to products you purchase through Revenge Is shall be submitted to confidential arbitration in Los Angeles County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Revenge Is’ intellectual property rights, Revenge Is may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless Revenge Is and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Revenge Is arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Revenge Is as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Revenge Is’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Revenge Is with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Revenge Is to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between Revenge Is and you regarding our Website and its contents.
All rights not expressly granted herein are hereby reserved to Revenge Is.