1. Acceptance of these Terms
These terms, together with any documents they expressly incorporate by reference (collectively, the “Terms”) are entered into by and between you and Effias.com LLC, (“Effias”, “we,” “our,” and their derivatives). These Terms govern your use of our Sites, including https://www.effias.com and its subdomains (collectively, the “Sites”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE IN GENERAL. DO NOT PURCHASE ANY PRODUCT OR SUBSCRIPTION, REGISTER AN ACCOUNT OR USE ANY SERVICES AVAILABLE ON THE SITE IF YOU ARE NOT IN AGREEMENT WITH ANY PART OF THE TERMS.
By accepting these Terms through your use of the website, you certify that you are 18 years of age or older and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
2. Change and Supplement to These Terms
These Terms may be revised at our sole discretion at any time and from time to time by updating them here. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You understand and agree that your continued access to or use of the Site after any posted modification to these Terms indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the Sites.
These Terms govern the use of the Sites in general. More specific and/or supplemental terms and conditions may apply to some services, including but not limited to, a particular contest, application, promotional code, shipping information, orders and returns, or other activity; in the event of a conflict, the supplemental terms will prevail over these Terms.
4. Intellectual Property Rights
All aspects of the Sites, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Sites are owned by Effias, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes, without limitation, Effias, Darker Wavs, Poster Grl, Club Exx, Sugar Thrillz, Horoscopez and all related names, logos, product and service names, designs, and slogans are trademarks of Effias or its affiliates or licensors. You must not use such marks without the prior written permission of Effias, and Effias reserves all rights. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
5. Prohibited Uses
As a condition of your use of the Sites, you agree not to use the Site for any unlawful purposes and in compliance with these Terms. No right, title, or interest in or to the Sites or any content thereof is transferred to you, and all rights not expressly granted are reserved by Effias. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. In addition to the above obligations, you agree not to:
a. reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included on the Sites;
b. access or use for any commercial purposes any part of the Sites or materials available through them;
c. use the Sites in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Effias or anyone else;
d. display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community;
e. impersonate any person or entity;
f. use the Sites to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
g. use the Sites to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Sites about anyone without their express permission;
h. remove any copyright, trademark, or other proprietary rights notices contained in or on the Sites;
i. disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Sites or interfere with anyone else’s use of the Sites;
j. engage in any other conduct that affects anyone else’s use or enjoyment of the Sites or that, as determined by us, may harm Effias;
k. use any robot, spider, or other automatic or manual device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
l. modify, adapt, translate, or reverse engineer any portion of the Sites;
m. use any device, software, or routine that interferes with the proper working of the Sites;
n. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
o. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, including any server on which the Sites are stored, or any server, computer, or database connected to the Sites;
p. attack the Sites via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Sites;
q. and encourage or enable any other person to do any of the foregoing. Although Effias is not obligated to monitor access to or use of the Sites, we have the right to do so for the purpose of operating and updating the Sites, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.
We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Sites, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Sites to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Sites, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
6. Notice of Copyright Infringement Under the Digital Millennium Act (DMCA)
Effias respects the intellectual property of others. From time to time, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available through the Sites. If you are a copyright owner (or an agent for such owner) and believe that your work has been copied in a way that constitutes copyright infringement, please provide Effias's Digital Millennium Copyright Act designated agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Effias's Copyright Agent for notice of claims of copyright infringement on the Effias’ sites can be reached as follows:
Effias DMCA Designated Agent
Subject to receiving a valid notice, our Copyright Agent will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve such claim.
7. Reliance on Information Available on the Sites
We do our best to ensure that information on the Sites is complete and accurate but you acknowledge and agree that we do not warrant the accuracy, completeness, or usefulness of any information made available through the Sites. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Sites, or by anyone who may be informed of any of the contents of the Sites.
8. Third Party Links
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part nor does it incur any obligation, responsibility, or liability on the part of Effias, any of its successors and assigns, and any of its officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers, unless otherwise expressly stated by us. We do not verify, endorse, or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if our logos or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. You agree that, to the fullest extent permissible pursuant to applicable law, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on the Sites.
You may choose to provide us with comments, reviews, ideas, suggestions or feedback from time to time regarding the Sites. You agree that Effias will own, and you hereby assign to Effias your intellectual property rights in and to any and all comments, ideas, reviews, ideas and feedback and that Effias will be free to use, disclose, reproduce, license, distribute, and exploit them provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
10. Unavailability of the Sites and Termination
We reserve the right to withdraw or modify the Sites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. We reserve the right to discontinue, suspend, deny or terminate your access to the Sites at any time, without notice, for any reason and without any obligation to you or any third party if we have reasonable grounds to believe that any information that you provide or have provided is false, inaccurate, or otherwise violates these Terms. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY Effias ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Effias DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER Effias NOR ANYONE ASSOCIATED WITH Effias REPRESENTS OR WARRANTS THAT THE SITES, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE SITES, OR ELECTRONIC COMMUNICATIONS SENT FROM Effias REGARDING THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Effias, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OR (B) THE USE OF OR INABILITY TO USE THE SITES OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS , LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DOLL KILL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OR (B) THE USE OF OR INABILITY TO USE THE SITES OR THEIR CONTENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Effias AND YOU.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of the Sites or breach of these Terms.
These Terms shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
15. Dispute Resolution
You agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: firstname.lastname@example.org. In the event that we are unable to resolve the dispute with you through the email address provided above and managed by our customer service department, you and Effias both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in California before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.