VIOLENTLIPS.COM

TERMS OF USE

Welcome to the Terms of Use page (“Site Terms”) for the www.violentlips.com web site (the “Web Site”). The Web Site, which is owned and operated by Violent Lips, LLC (“Company”, “we” or “us”), provides information and products pertaining to temporary tattoos.   The Company reserves the right to provide other products, information and services on the Web Site in its sole discretion. These Site Terms create an agreement applicable to your use of our Web Site. We reserve the right, at any time, to modify, modify, alter, or update these Site Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web Site.  

Your Registration Obligations

In consideration of your use of the Web Site, you agree: (a) that any information you are prompted to provide us about yourself (such as when you sign up for offers or promotions or when you purchase products) shall be accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that that such information provided is inaccurate, not current or incomplete, we have the right to suspend or terminate your use of our Web Site (or any portion thereof).

By accessing the Web Site, you are agreeing to comply with and be bound by the Site Terms and the Web Site’s Privacy Notice, found at www.violentlips.com/privacypolicy and incorporated herein by reference.  If you do not agree with the Site Terms and the Privacy Notice, please do not use this Web Site. 

Please note that the Web Site Content (as defined below) is not directed at children under thirteen years of age, and by providing information about yourself to the Company, you are representing that you are thirteen years of age or older.

Licenses and Site Access

For purposes of these Site Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Web Site and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and the Company, the Content on the Website is owned by or licensed to Company, subject to copyright and other intellectual property rights under the law.  Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you as is for your information in connection with your purchase of Company products.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Web Site or the Content.

 

Subject to these Site Terms, we grant you a limited, revocable, non-transferable license only to make personal use of the Web Site. You may not: (a) make any resale or commercial use of the Web Site or its Content; (b) make any derivative use of the Web Site or its Content; (c) use any data mining, robots, or similar data gathering and extraction methods within the Web Site, or (d) copy, reproduce, republish, upload, post, transmit, or distribute in any way any materials or products found on the Web Site without the Company’s prior written permission or as expressly permitted herein. Except as expressly stated in the Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or to any patent, trademark, copyright, or proprietary right of the Company or any third party. Elements of the Web Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part.

 

You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the photographs and images found at the Web Site, the content of any text, audio/visual programming and/or the layout or design of any page of the Web Site) without the Company’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing the name, trademark, or product name of “Violent Lips” without the Company’s express written consent.

Any unauthorized use of the Web Site will terminate the permission or license granted by the Site Terms, and may violate copyright, trademark and other laws, and subject you to legal action.

Public Forums And Communications

 

"Public Forum" means an area or feature offered as part of the Website that offers the opportunity for Users to post User Content for viewing on the Web Site.   You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any postings to or communication within a Public Forum.  The Company cannot guarantee the security of any information you disclose in a Public Forum and, as such, you make such disclosures at your own risk.  Users under the age of 13 years may not participate in a Public Forum.

Posting Comments

By displaying or publishing (“posting”) any text (including but not limited to comments, suggestions and ideas), (collectively, “User Content”) on or through the Site, you hereby grant to Company an exclusive, irrevocable, royalty-free, sublicensable, worldwide, and perpetual  license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, create derivative works of, and distribute any such User Content in any media formats and through any media channels now known or hereafter devised.  You represent and warrant that the posting of your User Content on or through the Site or other media does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and does not include any “Prohibited Content” as defined below.  Company assumes no responsibility or liability arising from the User Content included in any transmissions or for any error, inaccuracy, that is contained in any User Content transmitted to our Site.

Company may reject, refuse to post or delete any User Content for any or no reason, including User Content that in the sole judgment of Company violates these Site Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.  Company assumes no responsibility for monitoring the Site for inappropriate User Content or conduct.  If at any time Company chooses, in its sole discretion, to monitor the Site, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.  You are solely responsible for the User Content that you post on or through the Site, and any material or information that you transmit to other users and for your interactions with other users.  Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.

 

Prohibited Content

 

“Prohibited Content” includes, but is not limited to, any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is harmful or can reasonably be expected to be harmful to any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of a third party including right of privacy, right of publicity, copyright, patent, trademark, trade secret or other proprietary or contractual rights; (g) is commercial, business-related or advertises or offers to sell any products or services, whether or not for profit; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website; (i) does not generally pertain to the designated topic or theme of the relevant Public Forum or blog; (j) violates any specific restrictions applicable to the Public Forum or blog; or (k) is antisocial, disruptive, or destructive, including "spamming," "flooding," and "trolling" as those terms are commonly understood and used on the Internet.

 

Enforcement

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service.  We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to cooperate with governmental requests, or to ensure the integrity and operation of the Company’s business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, and usage history

Limitations on Service

 

You acknowledge that the Company may establish limits concerning your use of the Web Site and its services and products and reserves the right at any time to modify or discontinue your access to the Web Site (or any part thereof) with or without notice, including but not limited to the materials, videos, functionality or hours of availability, or the equipment needed for its access or use.   

Your Indemnification and Release

You agree to defend, indemnify and hold harmless the Company, including its subsidiaries, divisions and affiliates, as well as its and their respective members, managers, directors, officers, employees and agents, from any claim, action, demand, loss, expense or damages (including attorneys' fees and related costs) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, your violation of any rights of a third party, or your breach of any of your representations and warranties herein.  This indemnification obligation will survive these Terms of Use and your use of the Web Site.

Ownership

You hereby acknowledge and agree that the Company and/or any third party content providers (as expressly allowed by Company) remain the owners of any Content on the Web Site, and that you do not acquire any ownership or license rights over any such Content by downloading or, otherwise, using it. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Web Site solely for your own non-commercial use. Any redistribution, retransmission, posting, or publication of any content on the Web Site is strictly prohibited without the Company’s express written consent. You further agree not to modify or delete any proprietary notices from Content downloaded from the Web Site.  All Web Site design, text, graphics, and the selection and arrangement thereof, are owned or licensed by the Company.  Copyright 2011, ALL RIGHTS RESERVED.

Digital Millennium Copyright Act

 

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

                *              A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

*              Identification of the copyrighted work claimed to have been infringed, or,

if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

*             Identification of the material that is claimed to be infringing or to be the

subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

 

*              Information reasonably sufficient to permit the service provider to contact

you, such as an address, telephone number, and, if available, an electronic mail;

  

*             A statement that you have a good faith belief that use of the material in the

manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

 *              A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, 11400 W. Olympic Blvd., 9th Floor, Los Angeles, California 90064, Attn: Michael Wolf, Esq..  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company’s customer service to info@violentlips.com.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

Links to Third Party Sites

There are links throughout the Web Site that will let you leave the Web Site. These links are provided as a courtesy only, and the sites they are linked to are independent and are not under the control of the Company. Therefore, the Company is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The Company is providing these links merely as a convenience, and the inclusion of any link does not necessarily imply or express affiliation, endorsement or sponsorship by the Company of the site and/or any of its content therein.  Your linking to any other website(s) is at your own risk and you acknowledge that you bear all risks associated with access to and use of content provided on such third party website and agree that the Company is not responsible for any loss or damage of any sort you may incur from your use of any third party website.

Promotional Offers, Contests and Sweepstakes

We may from time to time offer participation in promotional offers, contests and sweepstakes on our Web Site. Your participation in these offers, contests and sweepstakes is governed by the express rules applicable to each such offer, contest or sweepstakes.

Price and Payment

You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a purchase is made. We reserve the right to institute new fees or charges effective upon notice on the Web Site. When prompted to do so, you must provide us with valid credit card information. If payments that cannot be charged to your credit card are returned to us for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by the Company.

Disclaimer

THE WEB SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEB SITE AND THE SERVICES.  THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF ANY SERVICES OR PRODUCTS FOUND ON ITS WEB SITE.  THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS IN CONNECTION WITH ITS SERVICES OR PRODUCTS.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE, OR ACCESSED THROUGH ANY LINKS ON THE WEB SITE.  COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE WEB SITE. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEB SITE OR ITS SERVICES OR PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEB SITE OR THE SERVICES OR PRODUCTS, FROM INABILITY TO USE THE WEB SITE OR THE SERVICES OR PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEB SITE OR THE SERVICES OR PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

Notwithstanding any of the Site Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your license to use the Web Site (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Web Site).  You agree that the Company shall not be liable to you or any third party for any suspension or termination of your access to the Web Site.  Further, you agree not to attempt to use the Web Site after said suspension or termination unless you have received prior written permission from Company.

Severability

If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Violent Lips, LLC, c/o Scott Adair, London & Co. LLP, 2800 Olympic Blvd., 2nd Floor, Santa Monica, CA  90404, or by email to info@violentlips.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or the email was undeliverable.  Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company or any other valid address of yours.  In such case, notice shall be deemed given 3 days after the date of mailing.

Miscellaneous

The Site Terms constitute the entire agreement between you and the Company and govern your use of the Web Site and its services and products, superseding any prior agreements between you and the Company.  This Agreement is governed by and construed in accordance with the laws of the State of California. In respect of any dispute relating to this Agreement, the use of the Web Site, or the services or products provided through the Web Site, any such dispute must be brought exclusively in a state or federal court of competent jurisdiction located in Los Angeles, California. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have with respect to the Web Site or its products or services must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or the Company contrary to those set forth above.  You agree that the Site Terms and Privacy Policy shall not be construed against the drafting party (i.e., the Company). 

 

Last Updated April 2011