Términos del servicio
Last Updated: October 26, 2021
PLEASE READ CAREFULLY, THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE USER, AND REVENGE OF, INC., A CALIFORNIA CORPORATION (“Revenge Of” or the “Company”). Please CAREFULLY READ these terms and conditions (these “Terms and Conditions”) before using the Company’s website, www.revengeof.com (the “Site”). Site also refers to any and all social media platforms associated with Revenge Of. The Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by the Company.
By accessing and using the Site you thereby agree (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of the Company, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE.
Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are thirteen (13) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of the Company, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of the Company, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by the Company, (d) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of the Company, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
Any personal data you submit to the Site or which we collect about you is governed by our Privacy Policy. You acknowledge that by using the Site, you have read and accept the terms of our Privacy Policy, which is incorporated by reference as if fully set forth herein.
- General Definitions
- “We,” “our,” or “us” refers to the Company and the Company’s use of the Site;
- “User” or “Users” refers to individuals who are users of the Site;
- “You” or “your” refers to you, the individual, or if you are accessing the Site on behalf of a company, the company for whom you are acting, the User of the Site.
- 3. GUIDELINES OF USE
- That the content, materials, services and other intellectual property contained or embodied in the Site are owned by the Company and are protected by patent, copyright, trademark and other similar laws;
- Exercise caution and common sense, same as you would in any other interaction with persons unknown to you, to protect your personal information and data.
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Sending unsolicited marketing messages or broadcasts (i.e., spam);
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
- Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
- Not to bully, intimidate, or harass any person;
- Not to transmit content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by the Company in its sole discretion;
- Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, and/or rules of any national or other governmental agencies, and any regulations or other pronouncements having the force of law;
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
- Not to facilitate or encourage any violations of these Terms and Conditions;
- Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, the Company its officers, contractors, and/or employees, or any other product or service offered by the Company;
- Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
- Not to issue chargeback disputes against the Company;
- Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
- Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof;
- Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of the Company; and
- You will respect the privacy of other Users (including, but not limited to Users’ private, family and home life), as well as the data and property of other Users.
- 4. NO FIDUCIARY DUTY
- ACCESS FOR REGISTERED USERS
Your use of the Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions.
Registered Users who crate an account represent that they are over the age of eighteen (18). If you are under the age of eighteen (18) you may not create an account and your use of the Site requires the involvement of a parent or guardian.
If We have reason to believe your account information has been compromised, we reserve the right to delete or modify your account to restrict access and to protect your account. We will make reasonable efforts to promptly notify you of any action taken by the Company in the event the account is compromised.
- PRICING AND AVAILABILITY
- ORDER CONFIRMATION/SHIPPING/RETURNS
After we accept your Order, we will ship the product to the shipping address You provide to Us through the Site, provided the shipping address is compliant with any restrictions detailed on the Site. You will receive a confirmation email upon shipment of your order. Risk of loss and title for products in your Order pass to you upon delivery to the carrier and any claims for lost or damaged shipments must be pursued through the carrier. We disclaim any and all liability for any shipment delays regardless of the cause.
Local Pick Up: We also offer local pick up at our brick and mortar storefront in Los Angeles, CA. If you are picking up locally, we will send you a separate email once your order is available.
If ordering more than one item, it is possible that they will arrive in separate packages. We cannot combine shipping for multiple orders at this time.
All sales are final. Items purchased through this website cannot be exchanged or returned.
- LICENSE AGREEMENT/TERMINATION
This limited license is freely revocable and may be terminated by the Company at any time and without cause and in the sole discretion of the Company. This License shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of the Company. Upon termination of this license, you agree that you shall destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control, and acknowledge that after such revocation or termination the Company may deny your access to the Site in its sole discretion.
If the Company terminates your account, you may not register for a new account under your name, or any fake name or assumed alias, corporate name, or on behalf of a third-party.
You are free to terminate your account at any time by ceasing to use the Site in its entirety.
These Terms and Conditions survive any termination of your account.
- THIRD PARTY LINKS
- MODIFICATION
- PASSWORD DISCLOSURE
You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while user codes are being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the user codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the user codes, if you believe the confidentiality or security of any or all of the user codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site. You are limited to one user code. Duplicate user codes may be revoked. We reserve the right to revoke or modify the user codes at any time with or without prior notice.
- INTERACTIVE AREAS/USER GENERATED CONTENT
If you participate in or use any Interactive Area, you are responsible for your own UGC and the consequences of posting your UGC. If you choose to post UGC using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws. You also expressly agree that you will not post any UGC that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.
We assume no responsibility for any UGC posted in any Interactive Area. We do not and are not responsible for screening or monitoring UGC posted by you or any other person or entity in Interactive Areas. If notified by one of our Users of any UGC that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the UGC. We reserve the right to remove UGC that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any UGC posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the UGC posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
By posting UGC to Interactive areas, you hereby agree and grant the Company a perpetual, world-wide, non-exclusive, and irrevocable license to use the UGC, royalty-free, for any rights you have in your UGC.
The Company does not monitor UGC unless flagged by a User. You agree that the Company is not responsible or liable for the content of UGC.
- CHOICE OF LAW AND JURISDICTION
- DISPUTE RESOLUTION/AGREEMENT TO ARBITRATE
- DISCLAIMER OF WARRANTIES
YOUR USE OF A SITE (INCLUDING ANY ELEMENT OF A SITE) AND OF ANY USER CONTENT, IS AT YOUR OWN RISK.FOR THIS REASON, YOU ACKNOWLEDGE THAT THE SITE AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
THE COMPANY DISCLAIMS ALL LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
UNDER THESE TERMS AND CONDITIONS, YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD THE COMPANY HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
THE COMPANY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE SITE, AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE QUALITY OF WORK/SERVICES CONTRACTED FOR AND PERFORMED.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
- LIMITATION OF CLAIMS
- SEVERABILITY
- INDEMNIFICATION
In the event that any third-party claim is brought, the Company has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If the Company exercises this option, you agree to cooperate with it in asserting any available defenses.
- COPYRIGHT, PATENT AND TRADEMARK NOTICE
- PROPRIETARY RIGHTS
22. YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
(A) you are the person to whom the User Codes you used to access the Site were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete;
(B) if you are accessing the Site on behalf of the company or organization to whom the User Codes you used to access the Site were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms and Conditions on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site;
(C) you will not reverse engineer, de-compile or reverse compile any of our technology;
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site;
(E) you will access and use the Site in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms and Conditions;
(F) if we grant you access to the Site and allow you to establish an account in your individual capacity, you are at least eighteen (18) years of age; and
(G) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you or using User Codes to or otherwise using the Site and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm the Company or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of the Company or any third party; and (6) do not violate these Terms and Conditions, or any applicable law, rule or regulation (whether of the United States or other countries).
- COMPLIANCE WITH LAWS
- COMMUNICATIONS
- FEEDBACK
- ENTIRE AGREEMENT
- Revenge Of, Inc.