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.