The following describes the terms and conditions (the "Terms and Conditions") on which Eyefour Design LLC offers you the information (including the Intellectual Property [as defined below]), services and products on the vagenius.net web site and related web pages (collectively, the "Services"). These terms and conditions do not apply to product related pages ("shop guys", "shop ladies", "shop accessories") or any page which is hosted by Spreadshirt, Inc. / spreadshirt.com and presented directly or though use of an iframe. All Spreadshirt, Inc. / spreadshirt.com hosted pages have their own specific "Terms of Service" which apply to those pages.

Eyefour Design LLC reserves the right to modify, amend or restate the Terms and Conditions from time to time with or without prior notice.

Your use of this web site and any Services after the posting of modifications to these Terms and Conditions will constitute your acceptance of the Terms and Conditions as modified.

Use of this Web Site
You represent that you have read and agree to be bound by the Terms and Conditions. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with the Terms and Conditions, not to use the Services for illegal purposes, and not to interfere or disrupt the networks connected to the Services.

Restrictions on Use
You may not use the Services for any illegal purposes or in any manner inconsistent with the Terms and Conditions. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.

You agree to promptly notify Eyefour Design LLC upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights.

Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.

YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF EYEFOUR DESIGN LLC’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH EYEFOUR DESIGN LLC’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.

YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF EYEFOUR DESIGN LLC’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.

YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.

Intellectual Property
This web site contains material which is derived in whole or in part from materials supplied by Eyefour Design LLC and various other sources. This web site, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.

If you would like to make copies and/or distribute certain information, please contact Eyefour Design LLC.

No License Granted
You acquire absolutely no rights or licenses in or to the Services and materials contained therein other than the limited right to utilize the Services in accordance with the Terms and Conditions. Should you choose to download content from the Services, you must do so in accordance with the Terms and Conditions. Such download is licensed to you by Eyefour Design LLC only for your own personal, noncommercial use in accordance with the Terms and Conditions and does not transfer any other rights to you.

Accuracy Disclaimer
Due to the possibility of human and mechanical error, Eyefour Design LLC is not responsible for any errors or omissions.

Rights Reserved
All present and future rights in and to the Intellectual Property and other proprietary rights of Eyefour Design LLC of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and Eyefour Design LLC, at all times be and remain the sole and exclusive property of Eyefour Design LLC. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Eyefour Design LLC for Eyefour Design LLC’s exclusive use. Except as specifically permitted by the Terms and Conditions, you may not copy or make any use of the Services or any portion thereof.

Liability Disclaimer
The material provided on this web site could include technical inaccuracies or typographical errors and the web site may be subject to periods of interruption. Eyefour Design LLC may make changes or improvements at anytime.

Limitation of Liability
While Eyefour Design LLC endeavors to maintain the highest professional quality of the Services Eyefour Design LLC offers on vagenius.net, Eyefour Design LLC cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site. Eyefour Design LLC will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by Eyefour Design LLC or an authorized representative of Eyefour Design LLC; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages.

Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold Eyefour Design LLC, Eyefour Design LLC’s officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Services using your computer, of any Intellectual Property or other right of any person or entity. Eyefour Design LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

User Submissions to the Web Site
The Services may include message systems, bulletin boards and/or chat rooms which may provide on-line participation by and interaction among users. All remarks, suggestions, ideas, graphics, or other information communicated to Eyefour Design LLC through Eyefour Design LLC’s Services will become the property of Eyefour Design LLC. Without limitation, Eyefour Design LLC will have exclusive ownership of all present and future existing rights to the User Submission of every kind and nature everywhere. Eyefour Design LLC will be entitled to use the User Submission for any purpose whatsoever (consistent with the Privacy Policy then in effect), without compensation to you or any other person sending the User Submission.

Eyefour Design LLC does not control the postings of messages, information or files to chat rooms and bulletin boards. Further, Eyefour Design LLC has no obligation to monitor chat rooms or bulletin boards or any other postings of User Submissions.

All Submissions Are Subject to These Further Conditions
Your use of the Services and submission of material for publication on the pages of the web site are conditioned on your adherence to the following policies:

You may not restrict or inhibit any other user from using or enjoying any of the Services.

You may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or racially, ethnically or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

You may not post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by intellectual property rights.

You may not post or transmit any information, software or other material which contains a virus or other harmful component.

You may not post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains commercial advertising.

Eyefour Design LLC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Eyefour Design LLC’s sole discretion are objectionable or in violation of its Submission policies.

Under no circumstances will Eyefour Design LLC be required to treat any Submission as confidential (subject to Privacy Policy then in effect), and will not be liable for any ideas for its business (including, without limitation, product or service ideas) and will not incur any liability as a result of any similarities that may appear in future Eyefour Design LLC operations.

You acknowledge that you are solely responsible for whatever material you submit, and you, not Eyefour Design LLC has full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright. Your communication of a Submission is in all respects subject to the Terms and Conditions, including without limitation those set forth in "Indemnification."

Links
This website may display links to other web sites that are not owned or maintained by Eyefour Design LLC and which contain information some people may find inappropriate or offensive. Eyefour Design LLC has not reviewed such web sites and are not responsible for the content thereof. The inclusion of a link to such web site does not imply endorsement by Eyefour Design LLC. Viewing of any web site linked to the Services is at your own risk.

Endorsement Disclaimer
Eyefour Design LLC does not endorse, support, sanction, or verify the information or material that is linked to this web site. Unless otherwise specifically indicated, Eyefour Design LLC has no affiliation with any of the organizations mentioned or described on the web site, and Eyefour Design LLC makes no representations or warranties with regard to those organizations. Nor does Eyefour Design LLC endorse or affiliate itself with any of the organizations that are linked to or from this web site.

Privacy Policy
Eyefour Design LLC’s current Privacy Policy is posted here.

Policies Concerning Claims of Infringement
It is Eyefour Design LLC’s policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. Eyefour Design LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.

All notices of copyright infringement should be sent to Eyefour Design LLC.

Access Outside the United States
Eyefour Design LLC makes no representation that the materials provided at this web site are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Services from other locations, you are responsible for compliance with applicable local laws.

General Disclaimer
Eyefour Design LLC is not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this web site or in reliance on the information available on the web site. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if Eyefour Design LLC has been informed of the possibility.

Miscellaneous
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New Jersey, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions

Eyefour Design LLC’s failure to act with respect to a breach by you or others does not waive Eyefour Design LLC’s right to act with respect to subsequent or similar breaches. If Eyefour Design LLC asks a third party to provide Services through this web site, the provisions of this agreement shall apply to your use of the Services, unless otherwise noted. Eyefour Design LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Eyefour Design LLC’s reasonable control.

Eyefour Design LLC may freely assign or update this agreement.

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All information and graphics contained herein are copyrighted Eyefour Design, LLC. 2004-2008. All rights reserved.  
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