DieCryHate

Terms of Use

Any person who accesses areas of the website www.DieCryHate.com other than these Terms of Use agrees to and is bound by the terms and conditions of these Website Terms of Use.

Name Brands, Inc. "NB") maintains this site ("Site") for your information, education and use. You may view material displayed on the Site for non-commercial, personal use, and for approved or licensed commercial use, provided you respect any and all copyright and other propriety notices contained in the materials. You may not distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes without NB's prior written permission. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior written permission of NB.

You should assume that everything you see or read on the Site is subject to trademark protection, copyrighted, protected by common law intellectual property rights, or and may not be used except as provided in this Website Terms of Use or in the text on the Site without the prior written permission of NB. NB will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

If you do not wish to enter this Site. If you do not wish to enter this Site and subject yourself to the conditions of this Website Terms of Use , but require some other form of assistance regarding this Site, you may forward any questions that you have about this Site or this Website Terms of Use to:

Die Cry Hate^®
Consumer Affairs
PO Box 30
Daytona Beach, FL 32115-0030

Your access and use of the Site is also subject to the following terms and conditions ("terms and conditions"). By accessing and browsing the Site, you accept, without limitation or qualification, the terms and conditions of this Website Terms of Use, and acknowledge that any other agreements between you and NB are superseded and have no force or effect.

Privacy. We will not re-sell, or distribute your credit information to anyone for any reason. We do assemble for our use a list of site visitors and users. We may use cookies for any and all lawful purposes.

Accuracy. While NB uses reasonable efforts to include accurate and up-to-date information on the Site, NB makes no warranties or representations as to its accuracy. NB assumes no liability or responsibility for any errors or omissions in the content on the Site.

At Your Risk. Your browsing of the Site is at your risk. Neither NB 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, EVERYTHING ON THE SITE IS 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. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. NB 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, use of, or browsing in this Site or links herein or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site of linked sites.

Nature of Communication. Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit may be used by NB or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without liability or compensation. Furthermore, NB is free to use any ideas, information, terms of at, slogans, concepts, sayings, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing goods and services using such information without liability or compensation, unless a written agreement reserving rights to you is signed between you and us prior to the disclosure.

Trademark Acknowledgment. You acknowledge and agree as a matter of contract and of law that "Die Cry Hate" is a trademark of D-Generation, Inc. in all classes of goods and services.

Intellectual Property Rights. The trademarks, logos, and service marks, including without limitation the word mark Die Cry Hate^®, and all name inversions and transpositions thereof,  belong (collectively the "trademarks") displayed on the Site, are registered and unregistered trademarks of D-Generation, Inc. and others. The goods and services depicted, discussed, and offered on the Site are all registered, pending registration, or protected by state and federal common law covering intellectual property rights. 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 permission of D-Generation, Inc., the third party owner of such trademarks. Your misuse of the trademarks, or any content on the Site, except as provided in these terms and conditions, is strictly prohibited. NB and D-Generation, Inc. will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Proprietary Product; Non-Competition. As a matter of contract, in fundamental consideration for the opportunity to view and evaluate the information presented in the Site, you agree that you will not use in competition with NB, or for direct or indirect gain for yourself or another, in any way, manner, shape or form whatsoever: product concepts; alternative designs of the goods, services, logos, tradenames (including without limitation "Live Laugh Love"), artwork, slogans, and monikers depicted on this Site; logos; trade dress; product themes; product genres; product information; tradenames; designs or ideas that are derived from the product or logo, or tradename concept; tradenames and slogans similar to those depicted on this Site; or anything derived or adapted the goods, services, slogans, logos, and services depicted in this Site. All goods, services, slogans, logos, and monikers displayed on this Site are US Trademark and protected by common law. NB will aggressively enforce its trademark, copyright, and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Off-Site Links. NB has not reviewed any websites which may from time to time linked to the Site and is not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any such other off-site pages or other websites is at your own risk, and subject to the "At Your Risk" paragraph of this Website Terms of Use .

Revisions. NB may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically re-visit this page to review the then current terms and conditions to which you are bound. They may be different on subsequent visits to this Site.

Modification. No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these terms and conditions. No change or modification of these terms and conditions shall be valid unless the same is herein posted on this website, or is set forth in a separate written paper document signed by an officer of NB then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org). No other person has the actual authority to modify these terms and conditions, and all apparent authority to do so is hereby disavowed.

Your Responsibility. You assume all responsibility for use of the Site. You waive all claims against NB, its officers, directors, employees, suppliers and software programmers that may arise from the utilization of the Site.

Accuracy of Information. While all reasonable attempts are made to ensure the accuracy of the information found in the Site, neither NB, nor its information contributors can be held responsible by you for the accuracy of the information. NB makes no express or implied warranty as to the accuracy or merchantability of content or programming.

Software Interference. You agree that you will not undertake any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our website in any way, and indemnify us (including attorney's fees) against same.

Copying or Downloading Web Pages. You agreed that you will not save, copy or download the web pages of this Site, or the programming or formatting thereof.

Indemnity. You agree to indemnify and hold us, our licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site or breach of these terms and conditions.

Legal Notices. Any legal notices shall be given by pre-paid certified mail, return receipt requested to "Legal Affairs" at our address stated above.

Governing Law and Venue. This Site is established in the State of Idaho in the United States of America.  Through this Site we are interacting with you with you in our state.  You agree that all claims, causes or action at law or equity arising out of this Site or the goods and services and information contained herein, your interaction with us, your claims arising out of goods and services depicted or sold on this Site, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of the terms of this Site or these terms and conditions, shall be judged and resolved in accordance with the laws of the State of Idaho in the United States of America and venue for all such matters shall be in the state courts of Idaho in Ada County, Idaho, or in the city that is NB's principal place of business if it has relocated.  No action or proceeding may be brought in any other jurisdiction.

Language of Construction. This Site is written in American English, and American English shall be the language employed to construe this Site and these terms and conditions and resolve any conflict or unclarity herein.

Headings. The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the terms and conditions or the substantive content of a paragraph.

Invalid, Unenforceable, or Illegal Provisions. Should any provision of these terms and conditions be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the terms and conditions.

Entire Agreement. These Terms and conditions constitute the entire agreement between you and NB, and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein. You and NB may enter into subsequent agreements which may supplement these Terms and conditions regarding specific matters, provided such are set forth in a separate written paper document signed by an officer of NB then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org).

Corporate Entity; Release. You acknowledge and agree that you are dealing with a corporate entity, NB in this Site, and that the persons who represent that corporation act on behalf of the corporation in their corporate capacities and not in their personal capacity. This provision is fundamental to your use of this Site and NB's goods and services, and to the Terms and conditions. Therefore, in consideration for entering this Site, or utilizing the products and services presented in the Site, you release and discharge the corporation's officer, directors, shareholders, employees, suppliers, and software programmers of and from any and all rights, claims, damages, demands, actions, causes of action, or suits in equity, of whatever kind or nature, and whether accruing now or in the future, and whether known or unknown to the parties, arising out of or relating to your use of this Site, or the products and services presented in or obtained through this Site or offered by NB. Without limitation, this release as to individual liability extends to the following grounds: failure to clearly indicate a corporate capacity; failure to observe corporate formalities; transfer of corporate assets for personal use; corporate capitalization; non-filing of an Annual Return or Uniform Business Report with the Florida Secretary of the State; depletion of corporate assets for personal benefit; treating the corporation and an officer of director interchangeably or as an alter ego; tort; indemnification.

No Jury. YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR USE OF THIS SITE, YOUR INTERACTION WITH ANY OF THE PARTIES NAMED HEREIN, OR THE ISSUES RAISED BY ANY SUCH DISPUTE.

Limited Goods and Services Warranty. NB warrants that the Goods and Services are free from manufacturing defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. Warranties do not extend beyond the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase. NB will provide replacement Goods or Services, or may opt to reimburse the purchase price if that is infeasible. NB's sole liability with respect to any defect shall be for the replacement of the defective Goods or Services. No one is authorized to make any other warranties on behalf of NB, or modify this warranty, except in a separate written paper document under signature of a corporate officer of NB then-listed with the Florida Department of State (see www.sunbiz.org/). NB will not be liable for repairing damages or failures caused by acts of God, abuse, abnormal usage, use or application for which the Goods and Services are not intended. The foregoing shall constitute NB's sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. NB WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOODS OR SERVICES OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, AND CLAIMANT'S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING GOODS OR SERVICES.

END OF DIE CRY HATE WEBSITE TERMS OF USE

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