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Terms of Service |
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| Last Updated: March 20th, 2009 |
| Hello and thank you for visiting! |
| Overview |
| Please take the time to read this notice carefully. Revamped Media, Inc. (“REVAMP”, “we”, “us”, or “our”) and its partners, subsidiaries, and affiliates provide their websites, technologies, products, and services (collectively, the “Services”) to you subject to the following Terms of Service (“TOS”). By visiting or using any of our Services or any of the Services of our partners, subsidiaries or affiliate companies, including revamp.com, you agree and acknowledge to be bound by these TOS and any modifications that we make, whether or not you register. Furthermore, when using particular REVAMP services, you shall be subject to any posted instructions, guidelines or rules applicable to such services which may be posted from time to time. |
| REVAMP reserves the right to modify all or some of its TOS by updating this notice at any time without prior notice to you. If we change our TOS, such revisions shall be effective to you immediately upon posting. You are therefore responsible for checking and reviewing this notice on an ongoing basis so that you understand our current TOS. |
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| Electronic Communications |
| When you visit or use any of our Services, or send us e-mail, you are communicating with us electronically. You understand and consent to receive communications from us electronically. Additionally, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. |
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| Eligibility |
| Our Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using our Services, you represent that you are at least 13 years old. If you are not yet 13 years old, please discontinue using our Services immediately. |
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| License and Access |
| Our Services are provided to you for your personal, non-commercial use only. We grant you a limited, non-sublicensable, non-transferable, non-exclusive license to access and use our Services in accordance with our TOS and any instructions, guidelines, and rules posted throughout our Services. |
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| Copyright |
| We respect the intellectual property of others and we ask that our users please do the same. All materials provided through any of our Services, such as website design, text, photographs, graphics, images, icons, logos, illustrations, marks, audio or video, Flash animations, code, data compilations, interfaces, software, and the selection and arrangements thereof are the property of REVAMP or its content suppliers and protected by our copyrights or trademarks or those of our partners. Except for that content that you own or for which is in the public domain or for which you have been given written permission by REVAMP, you may not copy, modify, publish, transmit, distribute, perform, display, sell or participate in the transfer or sale of, reproduce, create derivative works of, or in any way exploit any of the content or materials of our Services in whole or in part. |
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| Content |
| We provide our users with access to a wide variety of resources, including, various communication tools, digital image tools, shopping services, forums, and personalized content. Our Services include a combination of content that we create, that our users create, and that our partners, subsidiaries, affiliates, and agents create. |
| You agree that you are solely responsible for any material, whether publicly or privately communicated, that you publish, post, upload, e-mail, transmit, disseminate, or otherwise make available (collectively, Distribute) through our Services. You represent and warrant that you own or otherwise control all of the rights to any content that you Distribute through our Services. |
| We do not claim ownership of any content that you own and upload using our Services. We do, however, need certain rights from you, with respect to any content that you Distribute through our Services, in order to operate our Services and enable you to do all of the things that our Services afford you the ability to do. You therefore hereby grant REVAMP and its partners, subsidiaries, and affiliates a non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable right to use, reproduce, publish, distribute, modify, adapt, translate, create derivative works of, transfer, transmit, disseminate, perform, and display any and all such content, electronically or via any other media, throughout the world. This license shall apply to the collection, distribution, and storage of any content including, but not limited to, images, photographs, audio, video, and text that you Distribute through our Services in any form, medium, or technology now known or later developed. |
| Without limitation, you agree that REVAMP is not responsible for any content that you Distribute through our Services and you further agree to indemnify REVAMP or its partners, subsidiaries, or affiliates for all claims resulting from any content that you Distribute through our Services. In our sole discretion, we have the right, but not the responsibility, to monitor or edit or remove any content, communication or user activity or to restrict, suspend or terminate your access to any or all parts of our Services at any time, for any or no reason, with or without notice, and without liability. REVAMP takes no responsibility and assumes no liability for any content Distributed by you or any third party. |
| You understand and agree that REVAMP may include advertising and sponsored content in connection with its Services and that such advertising and sponsored content is necessary for us to provide our Services. While our Services are currently provided free to users for their personal, non-commercial use, you acknowledge that we reserve the right to charge for any and all of our Services in the future. |
| Our Services may contain links to other websites and entities owned by third parties, including third party merchants. Your access and use of such third party websites and entities is outside of our control and is subject to the conditions, if any, that each of those third parties has posted. Even if we maintain a relationship with a third party, we do not control their websites, the content on their websites, or their policies and practices. |
| REVAMP may be paid by merchants or other third parties to include products in its Services. The products included in our Services are sold by third party merchants and are not sold by REVAMP. We do not sell, resell or license any products listed in our Services, nor are we acting as an agent of sale. REVAMP disclaims any responsibility for, or liability related to, such products. You should direct any questions, complaints or claims to the appropriate merchant. |
| We do not warrant that item and product descriptions, pricing, availability, biographies, brand and celebrity information, search results, user ratings, editorial commentary or any other content accessible via our Services is accurate, reliable, complete, error-free, or current. Content provided by REVAMP in its Services is provided for informational and comparative purposes only and does not constitute an endorsement by REVAMP of any product, service, website, merchant or other third party. You understand and agree that you may not rely on any of our content. REVAMP ASSUMES NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH OUR SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, regardless of whether or not they were accessed via our Services or via other websites, products or services. |
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| Your Conduct and Obligations |
| In consideration of your use of REVAMP’s Services or any of the Services of our partners, subsidiaries or affiliated companies, you understand and agree to be bound by the following obligations: |
| You will always provide us with current, true, accurate, and complete personal information as prompted by any registration form or electronic communication or otherwise voluntarily provided. You also agree to always maintain the accuracy of such information. |
| You agree that your user registration is solely for your personal use and you shall not authorize others to use your account. You shall be solely responsible for safeguarding the confidentiality of your registration password. |
| You will use our Services in a manner consistent with any and all applicable laws and regulations. You will not engage in any illegal activities. |
| You will not defame, harm, abuse, harass, stalk, threaten, invade the privacy or otherwise violate the legal rights of others. |
| You will not Distribute any defamatory, harmful, abusive, inappropriate, profane, infringing, obscene, indecent, threatening or unlawful content. |
| You agree that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. |
| You will not collect or store personal information about other users. |
| You may not restrict, inhibit or otherwise negatively affect any other user from accessing, visiting, using, or enjoying our Services. |
| You will not Distribute any junk e-mail, surveys, spam, contests, pyramid schemes, chain letters, mass mailings, or unsolicited advertisements or promotions. |
| You will not Distribute any files that contain software viruses, trojan horses, worms, corrupted files or any other computer code, programs or files designed to interrupt, destroy or adversely affect the functionality of another user’s computer, our Services, or any computer hardware, software or telecommunications equipment. |
| You may not take any action that imposes an unreasonable or excessive burden on our infrastructure or Services. |
| With the exception of Internet search engines that comply with our robots.txt file, you agree not to use automated means, including crawlers, spiders, robots, data mining tools or the like to download information or data from our Services. |
| You will not purposely interfere or disrupt, in any way, our Services, computers, servers, telecommunications equipment, networks or software. |
| Without the prior written permission of REVAMP, you may not advertise or offer to sell any products or services, for any commercial purpose, to our users. |
| You will not employ forged headers, misleading or forged e-mail or Internet Protocol (IP) addresses, manipulated identifiers or other data in order to disguise the origin of any content Distributed throughout our Services or to manipulate any user’s presence on our Services. |
| You may not modify, adapt, translate, disassemble, decompile, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of our Services or any portion of our Services (except where the foregoing is required by applicable local law and then only to the extent so permitted under such laws). |
| You will not attempt to gain unauthorized access to our Services, computers, servers, telecommunications equipment, networks or software. |
| You will not impersonate a REVAMP employee, affiliate, agent, or another user or incorrectly state or otherwise misrepresent your affiliation with an individual, company or other entity. |
| You may not modify, falsify or delete any attributions of authorship, origin, legal or other proper notices or proprietary designations of any images, video, software or other material made available through our Services. |
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| Privacy |
| Your use of our Services is also governed by our Privacy Policy. In order to understand our privacy practices, please review it |
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| Trademarks |
| Revamp, Revamped, Revamped Media, revamp.com, What Are You Wearing?, You Make Us Look Good!, and other marks indicated throughout our Services are trademarks of Revamped Media, Inc. REVAMP graphics, logos, sub-logos, icons, page headers, scripts, and service or trade names are trademarks or trade dress of Revamped Media, Inc. Our trademarks and trade dress may not be used in connection with any product or service that is not REVAMP’s, in any manner that is likely to cause confusion among users or in any manner that disparages or discredits us. All other trademarks not owned by REVAMP, or its subsidiaries or affiliates, that appear throughout our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by REVAMP or its subsidiaries or affiliates. |
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| Celebrities |
| The mention or use of celebrity names, information, styles, and images is provided to you by REVAMP only for informational and comparative purposes. ABSOLUTELY NO CELEBRITY ENDORSEMENT IS IMPLIED THROUGH OUR SERVICES. |
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| Assignment |
| You agree that these TOS and all agreements and information incorporated herein may be automatically assigned by REVAMP, in its sole discretion, to a third party. However, you may not delegate your obligations under these TOS or assign these TOS, in whole or in part, to another entity. |
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| Indemnification |
| By choosing to use our Services, you agree to indemnify and hold harmless REVAMP, and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors, from any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees), made by any third party due to or arising out of: |
| a) Any software code or content you choose to Distribute through our Services; |
| b) Your use of or connection to our Services; |
| c) Your violation of our TOS; or |
| d) Your violation of any rights (including intellectual property rights) of a third party. |
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| Disclaimer of Warranties |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT: |
| a) |
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. REVAMP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. |
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| b) |
REVAMP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE INFORMATION, CONTENT, RESULTS, MATERIALS OR PRODUCTS THAT MAY BE OBTAINED THROUGH THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (iii) ANY SOFTWARE ERRORS OR DEFECTS WILL BE CORRECTED; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS. |
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| c) |
REVAMP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU THROUGH ITS SERVICES. |
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| d) |
REVAMP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS ADVERTISED ON OR RECEIVED THROUGH ITS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY ITS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU THROUGH ANY LINKS PROVIDED BY ITS SERVICES. |
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| e) |
WE DO NOT WARRANTY THAT OUR SERVICES, COMPUTERS, SERVERS, TELECOMMUNICATIONS EQUIPMENT, NETWORKS, SOFTWARE OR E-MAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. |
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| f) |
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESSING OF ANY SUCH MATERIAL OR DATA AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, MAINTENANCE OR CORRECTION. |
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| g) |
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. |
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| Liability Limits |
| YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN NO EVENT, SHALL REVAMP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT DAMAGES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REVAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM: (i) THE USE OR INABILITY TO USE OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION, DATA OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES OR FROM MESSAGES RECEIVED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF OUR SERVICE; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO REVAMP FOR ITS SERVICES. |
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| Miscellaneous Provisions |
| These TOS will be governed and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions. You and REVAMP agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fairfax, Virginia. |
| If for any reason a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of these TOS will continue in full force and effect. The failure of REVAMP to exercise or enforce any right or provision of its TOS shall not constitute a waiver of such right or provision. |
| You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or our TOS must be filed within one (1) year after such claim or cause of action arose or forever be barred.
The section headers in our TOS are provided for convenience only and have no legal or contractual effect. |
| These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these TOS will be effective only if in writing and signed by REVAMP. |
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| Contacting Us |
| If you have any questions about our Terms of Service, please Contact Us online or via postal mail at: |
Revamped Media, Inc.
c/o Terms of Service Questions
3927 Old Lee Highway, Suite 102-C
Fairfax, VA 22030
United States of America |
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