TERMS OF SERVICE
You have arrived at Pleasekillme.com (the “Site”). While we hope you enjoy the Site, it is important that you carefully read these Terms of Service (“Terms”) before using the Site, as they affect your legal rights and obligations and govern your use of the Site. These Terms apply to the Site, which is owned and operated by Bunny Onion Sky, LLC. (“Pleasekillme.com,” “Bunny Onion Sky, LLC,” “we,” “our,” or “us”). These Terms also apply to interactive features or downloads that are owned or controlled by Pleasekillme.com, are available through the Site, or that interact with the Site and post these Terms. These Terms do not apply to any offline activities by Pleasekillme.com/Bunny Onion Sky, LLC (unless specifically stated). You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.
1. Account Registration
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features, such as to purchase products, or to receive electronic newsletters. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information.
If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account (“Account”) or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Pleasekillme.com/Bunny Onion Sky, LLC reserves the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.
(a) Ordering Merchandise, Physical Goods and Digital Media Purchases
You need a valid credit card, with full authority to use it, to submit an order for merchandise, digital music and media or other products or services through our Site. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Site.
(b) Prices; Colors; Availability
All prices listed on the Site are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
Please keep in mind that while we might offer a variety of merchandise, digital music and media and other products and services for sale on the Site, we cannot guarantee availability at a particular time. We reserve the right to change our merchandise, digital music and media content and other products and service offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Site from time to time in our discretion.
(c) Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.
(d) Payment Terms
For each product or service that you order on the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Pleasekillme.com will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
(e) Sales Taxes
Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on Pleasekillme.com/Bunny Onion Sky, LLC’s net income), on orders shipped outside the United States.
(f) Return Policy
All purchase transactions, excluding purchases for digital music and media content offered for permanent download (“Digital Media Purchases”), are subject to Pleasekillme.com’s return policy in effect at the time of purchase. For reference, the current form of Pleasekillme.com’s return policy is available at the Customer Service page. We may modify our return policies from time to time so you should check these each time prior to making a purchase. Returns and/or refunds are limited solely to apparel with fabric that is materially flawed or the printing is below quality standards. On occasion, technical and other problems may delay or prevent delivery of Digital Media Purchases. Your exclusive and sole remedy in respect of Digital Media Purchases that is not delivered within a reasonable period of time will be either replacement of such Digital Media Purchase, or a refund of the purchase price paid for such Digital Media Purchase, as determined by us in our sole and absolute discretion.
The Site may contain or offer contests or other promotions, which may be governed by a separate set of rules that describe the contests or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
3. Ownership of Site Materials
(a) Materials. The Pleasekillme.com Site (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; digital media offered by streaming (but specifically excluding Digital Media Purchases) designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Pleasekillme.com/Bunny Onion Sky, LLC , its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Pleasekillme.com/Bunny Onion Sky, LLC, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Pleasekillme.com/Bunny Onion Sky, LLC and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Pleasekillme.com/Bunny Onion Sky, LLC’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Pleasekillme.com/Bunny Onion Sky, LLC’s rights therein, or in breach of, any terms and conditions contained in this Terms.
(b) Copyright/Trademarks. The entire contents of the Site (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Pleasekillme.com/Bunny Onion Sky, LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks, such as the Pleasekillme.com and/or Bunny Onion Sky, LLC name and logo, and the Site URLs are the service and trademarks of Pleasekillme.com/Bunny Onion Sky, LLC. Additionally, the book Please Kill Me: The Uncensored Oral History of Punk (GrovePress) is copyright © 1996 by Legs McNeil and Gillian McCain. Without Pleasekillme.com/Bunny Onion Sky, LLC’s prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to Pleasekillme.com/Bunny Onion Sky, LLC. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Pleasekillme.com/Bunny Onion Sky, LLC, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site.
4. Your License to Use Materials and Digital Media Purchases on Our Site
(b) Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Site in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Pleasekillme.com/Bunny Onion Sky, LLC without the prior written consent of Pleasekillme.com/Bunny Onion Sky, LLC.
(c) Digital Media Purchases and Usage Rules. If you engage in Digital Media Purchases from the Site, including, but not limited to, permanent music downloads, you are granted a limited, non-commercial, revocable, non-assignable and non-transferable license to perform the Digital Media Purchases solely for your personal, non-commercial entertainment. All Digital Media Purchases are sublicensed to you and not sold, notwithstanding the use of the terms “sell,” “purchase,” “order,” or “buy” on the Site or in this Agreement. All right and title, including, but not limited to, commercial or promotional use rights, in Digital Media Purchases available for preview or purchase on the Site is reserved by the parties who have licensed the Digital Media Purchases for sale by the Site. You may not reproduce (except as noted below), publish, transmit, distribute, display, broadcast, re-broadcast, publish, perform, rent or lend, modify, create derivative works from, reverse engineer, sell or participate in any sale of or exploit in any way, or in part, directly or indirectly, any of the Digital Media Purchases, or any related software used in connection with the delivery of the Digital Media Purchases (the “Digital Media Software”). Unauthorized reproduction or distribution of Digital Media Purchases violates applicable law. You agree to obey all applicable laws and regulations that apply to the use of any intellectual property to which you may be granted a license through the use of the Site. You may play, transfer, back-up, store and burn Digital Media Purchases files as much as reasonably necessary for your personal, non-commercial use on an unlimited number of personal computers or portable devices that you own. Any other copying is expressly prohibited. The Site will not provide free-of-charge copies of Digital Media Purchases files to restore files that you may lose due to the failure of personal storage devices, including, but not limited to, hard drives, personal computers, and portable media players. You are advised to make backup copies of Digital Media Purchases for use in case of such losses. Digital Media Purchases from the Site are available only in the United States, its territories, and possessions, and are not available in other locations. You agree not to purchase, or attempt to make Digital Media Purchases from the Site from outside of the available territory. The Site uses technologies to verify your compliance. You agree to abide by United States and other applicable export control laws not to transfer, by electronic transmission or otherwise, any content or software, including, without limitation, the Digital Media Software subject to restrictions under such national destination or person prohibited under such laws. WITHOUT LIMITING ANY PROVISION HEREIN, WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER, BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SITE OR THAT ANY MEDIA DEVICE CONTAINING DIGITAL MEDIA FILES ACQUIRED FROM THE SITE WILL FUNCTION IN ALL MEDIA PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
(e) Software and Other Items Available For Download. Any items that we make available for download or use from the Site and/or our servers, including, without limitation, the Digital Media Software (the “Downloadable Items”) are the copyrighted work of Pleasekillme.com/Bunny Onion Sky, LLC or its licensors or suppliers. You may not use the Downloadable Items for commercial purposes. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Site, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application. The Site may provide updates to the Downloadable Items for feature, security or other enhancements from time to time. You agree to hold Pleasekillme.com/Bunny Onion Sky, LLC harmless in the event of damage to your device used to access the Site or data that may result from your use of the Downloadable Items.
5. Information and User Content You Submit to Third Party Sites
You may have the opportunity to engage in social networking or other online activities through third party applications (including but not limited to one of our Facebook, Myspace, or YouTube applications or a similar application on a third party web site), such as creating a public profile, sharing User Generated Content, and inviting others to connect with you. These third party applications and/or third party websites may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content, including, without limitation, Designs (defined below), photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).
Additionally, there may be links from the Site, or communications you receive from the Site, to third party applications and/or third party websites or our Site may include third party content that we do not control, maintain or endorse.
Accessing any third party applications and/or third party websites requires you to leave the Pleasekillme.com Site. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party applications and/or third party websites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through third party applications or third party websites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. PLEASEKILLME.COM/BUNNY ONION SKY, LLC ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF SERVICE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.
6. User Content You Submit to Us
(a) Terms Applicable to User Content. You may also have the opportunity to submit to Pleasekillme.com/Bunny Onion Sky, LLC your User Content via email or mail.
(b) License to Pleasekillme.com/Bunny Onion Sky, LLC for User Content. You grant to Pleasekillme.com/Bunny Onion Sky, LLC the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Pleasekillme.com/Bunny Onion Sky, LLC is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Pleasekillme.com/Bunny Onion Sky, LLC, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Pleasekillme.com/Bunny Onion Sky, LLC the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Pleasekillme.com/Bunny Onion Sky, LLC the right to sub-license and authorize others to exercise any of the rights granted to Pleasekillme.com/Bunny Onion Sky, LLC under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Pleasekillme.com/Bunny Onion Sky, LLC under these Terms. You further authorize Pleasekillme.com/Bunny Onion Sky, LLC to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
(c) Pleasekillme.com/Bunny Onion Sky, LLC’s Obligations Regarding User Content. You agree that Pleasekillme.com/Bunny Onion Sky, LLC has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Pleasekillme.com/Bunny Onion Sky, LLC will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Pleasekillme.com/Bunny Onion Sky, LLC may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Pleasekillme.com/Bunny Onion Sky, LLC reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which Pleasekillme.com/Bunny Onion Sky, LLC will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules (defined below) when notice of such violations are directed to Pleasekillme.com/Bunny Onion Sky, LLC’s attention. User Content posted may not be maintained on the Site by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Pleasekillme.com/Bunny Onion Sky, LLC is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
(d) Your Obligations Regarding User Content. You agree that you need to evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As Pleasekillme.com/Bunny Onion Sky, LLC may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.
7. Linking Policy
Pleasekillme.com/Bunny Onion Sky, LLC grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) can not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) can not imply that Pleasekillme.com/Bunny Onion Sky, LLC or the Site are endorsing or sponsoring it or its products, unless Pleasekillme.com/Bunny Onion Sky, LLC has given its prior written consent; (c) can not present false information about, or disparage, tarnish, or otherwise, in Pleasekillme.com/Bunny Onion Sky, LLC’s sole opinion, harm Pleasekillme.com/Bunny Onion Sky, LLC or its products or services; (d) can not use any Pleasekillme.com/Bunny Onion Sky, LLC trademarks without the prior written permission from Pleasekillme.com/Bunny Onion Sky, LLC; (e) can not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Pleasekillme.com/Bunny Onion Sky, LLC’s sole opinion); and (f) has to be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Pleasekillme.com/Bunny Onion Sky, LLC reserves the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
8. Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLEASEKILLME.COM AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “PLEASEKILLME.COM PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) USER CONTENT; (D) THE DOWNLOADABLE ITEMS AND EMBED CODE; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM PLEASEKILLME.COM OR VIA THE SITE. IN ADDITION, THE PLEASEKILLME.COM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE PLEASEKILLME.COM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE PLEASEKILLME.COM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE PLEASEKILLME.COM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PLEASEKILLME.COM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
9. Limited Liability
UNDER NO CIRCUMSTANCES WILL THE PLEASEKILLME.COM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) USER CONTENT; (D) THE DOWNLOADABLE ITEMS AND EMBED CODE (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PLEASEKILLME.COM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PLEASEKILLME.COM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE PLEASEKILLME.COM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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. IN NO EVENT WILL THE PLEASEKILLME.COM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE MATERIALS.
WAIVER OF INJUNCTIVE RELIEF. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PLEASEKILLME.COM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PLEASEKILLME.COM PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PLEASEKILLME.COM PARTIES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF STATE CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend (if requested by Pleasekillme.com/Bunny Onion Sky, LLC ), indemnify and hold harmless the Pleasekillme.com/Bunny Onion Sky, LLC Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Pleasekillme.com/Bunny Onion Sky, LLC Parties’ use of your information. You will cooperate as fully required by the Pleasekillme.com/Bunny Onion Sky, LLC Parties in the defense of any claim. Notwithstanding the foregoing, the Pleasekillme.com/Bunny Onion Sky, LLC Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Pleasekillme.com/Bunny Onion Sky, LLC Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Pleasekillme.com/Bunny Onion Sky, LLC Parties.
11. Termination and Modifications
(a) Termination. Pleasekillme.com/Bunny Onion Sky, LLC reserves the right to terminate your access to and use of the Site, including, without limitation your Account, in its sole discretion, without notice and liability, including, without limitation, if Pleasekillme.com/Bunny Onion Sky, LLC believes your conduct fails to conform with these Terms. Pleasekillme.com/Bunny Onion Sky, LLC also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Pleasekillme.com/Bunny Onion Sky, LLC. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
(b) Modifications. Pleasekillme.com/Bunny Onion Sky, LLC reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Pleasekillme.com/Bunny Onion Sky, LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
(c) What happens upon Termination? Upon termination of your access to the Site and/or your Account, or upon demand from Pleasekillme.com/Bunny Onion Sky, LLC, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, including links to the Site; and (b) destroy all Materials obtained from the Site and all related documentation.
12. Location of Site and Territorial Restrictions
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pleasekillme.com/Bunny Onion Sky, LLC to any registration requirement within such jurisdiction or country. Pleasekillme.com/Bunny Onion Sky, LLC controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
13. Governing Law, Jurisdiction and No Class Actions
(a) GOVERNING LAW/JURISDICTION. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN MONTGOMERY COUNTY, PENNSYLVANIA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN MONTGOMERY COUNTY, PENNSYLVANIA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
(b) No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Site will be resolved individually, without resort to any form of class action.
14. Updates to Terms
Pleasekillme.com/Bunny Onion Sky, LLC reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
The failure of Pleasekillme.com/Bunny Onion Sky, LLC to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Pleasekillme.com/Bunny Onion Sky, LLC’s rights with respect to such breach or any subsequent breaches. No waiver by Pleasekillme.com/Bunny Onion Sky, LLC of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Pleasekillme.com/Bunny Onion Sky, LLC. Pleasekillme.com/Bunny Onion Sky, LLC may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Pleasekillme.com/Bunny Onion Sky, LLC’s prior written consent. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against Pleasekillme.com/Bunny Onion Sky, LLC by virtue of having drafted them.
If you have any questions regarding these Terms of Service, please contact our Internet Administrator at:
Questions or Comments
P.O. Box 69
These Terms were last amended as of December 7, 2010.