Terms and Conditions
Wicked Punk ("Wicked Punk") maintains this site (the "Site") for your personal entertainment, shopping, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including but not limited to, the text, images, audio, and video for public or commercial purposes without the prior written consent of Wicked Punk. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Wicked Punk relating to your use of the Site are superseded and of no force or effect.
1. You should assume that everything you see or read on the Site is copyrighted and owned by Wicked Punk unless otherwise noted and may not be used except as provided in these Terms and Conditions without the prior written consent of Wicked Punk. Wicked Punk neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Wicked Punk.
2. While Wicked Punk uses reasonable efforts to include accurate and up to date information in the Site, Wicked Punk makes no warranties or representations as to its accuracy. Wicked Punk assumes no liability or responsibility for any errors or omissions in the content of the Site. Prices and availability information and special offers and promotions are subject to change without notice.
3. Your use of and browsing in the Site are at your risk. Neither Wicked Punk nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, THE SITE AND ALL CONTENTS THEREOF, EXCEPT WHERE EXPRESSLY STATED OTHERWISE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Wicked Punk also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, failure to gain access to, use of, or browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material transmitted by you to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Wicked Punk or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, re-transmission, publication, broadcast and posting. Furthermore, Wicked Punk is free to use any ideas, concepts, know-how, or techniques contained in any communication sent by you to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, Wicked Punk. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, slogans and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Wicked Punk and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Wicked Punk or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Wicked Punk will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against any infringer.
7. Wicked Punk has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. WICKED PUNK is not affiliated or associated with sponsors or producers of any websites that hyperlink to or from the WICKED PUNK website, and WICKED PUNK does not endorse or make any representations or warranties whatsoever with respect to any content appearing on such sites.
8. Although Wicked Punk may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Wicked Punk is under no obligation to do so and assumes no responsibility for or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Wicked Punk will fully cooperate with any law enforcement authorities or court order requesting or directing Wicked Punk to disclose the identity of anyone posting any such information or materials. Wicked Punk and its designees shall have the right in their sole discretion to edit, refuse to post, or remove any Content posted on the Wicked Punk Bulletin Board. Without limiting the foregoing, Wicked Punk and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold Wicked Punk harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
9. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Wicked Punk may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
11. Copyright 2005 Wicked Punk™LLC All Rights Reserved.