Ownership of Web Site Materials
All of the content on the website including and without limitation: graphics, text, user interfaces, visual interfaces, design, photographs, images, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, structure, selection, coordination, "look and feel" and arrangement of such content, is owned by God and Man, its licensors, agents, vendors, or content providers. The elements of the website, including without limitation the general design and the content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property laws. The services and the website may only be used for the intended purpose for which such website and services are being made available. Except as may be expressly allowed on the website, you may not modify, copy, reproduce distribute, transmit, display, perform, publish, license, create derivative works from any content. Except as may be expressly set forth on the website, you may only view, play, print, and download content on the website for your own personal, informational, and noncommercial purposes only. The website and the content will remain the exclusive property of God and Man or its licensors unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the website.
License to Material on Website
You retain all of your ownership rights in your user submissions. However, by submitting user submissions to God and Man, you grant God and Man a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, sub-licensable and transferable license to use, distribute, reproduce, prepare derivative works of, perform, display, and otherwise to exercise all rights in and to the user submissions in connection with the website and services, including for promoting and redistributing part or all of the website (and derivative works assumed therein) in any media formats and through any media channels now known or hereinafter invented. The license may also be exercised on behalf of God and Man by third parties acting on God and Man's behalf (e.g. service providers, technology partners, and independent contractors). You also grant each user of the website a non-exclusive license to access your user submissions through the website, and to use, display, reproduce, distribute, and perform such user submissions as permitted through the functionality of the website and under these Terms of Use, including on third-party website via use of a Widget. You further agree that God and Man is free to use any ideas, concepts, know-how or techniques contained in any user content you send to the website or God and Man, for any purposes, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such user content; and without payment of any kind. You further perpetually and irrevocably grant God and Man the unconditional right to use both generally and commercially your name, persona and likeness included in any user content and in connection with any user content, without any obligations to you.
No Obligation to Publish
God and Man reserves the right to remove any user submission at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that a user submission is inappropriate or does not comply with these Terms. GOD AND MAN HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. God and Man is not responsible for the backup of any user data or any data loss resulting from the use, operation or discontinuation of any aspect of the website or services. You are solely responsible for maintaining backups of your submissions and any information generated or stored through the use of the services.
Restrictions on Your User Content and Your Conduct
In using features of this website that allow you to post or otherwise send information to or through the website, or which may be viewed by others, you agree that you will not upload, post, or otherwise distribute or enable distribution of any content-including text, communications, video, software, images, sounds, data, or other information-that violates the following terms:
Your Warranties
You represent and warrant that: (i) you have acquired all consents and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (ii) you have read, understood, agree with, and will follow the terms of these Terms of Use; (iii) the user submission and God and Man's use thereof as contemplated by these Terms of Use, including on and in the website, their promotion and re-distribution, will not violate or infringe any right of any third party, including any copyright, privacy rights, trademark, trade secret, and rights of publicity.
Promotions
The website may contain contests, sweepstakes, or promotions, which may be regulated by a separate set of rules and may have eligibility rules. You must read those rules to determine whether or not your participation, registration or entry will be valid and to learn any other applicable requirements.
Limitations of Terms
The website may contain links to third-party websites that are not owned or controlled by God and Man. God and Man has no control over, and assumes no responsibility for, the services, policies, content, products, or practices of any third-party websites. God and Man does not endorse, guarantee, or make any representations or warranties regarding any other websites. In using the website, you expressly relieve God and Man from any and all liability arising from your use of any third-party website.
Termination
God and Man may suspend or terminate your account or your use of the website at any time, without notice, for any reason or for no reason.
Effects of Termination
Upon any such termination, your rights to access and use the website shall automatically terminate. God and Man has no obligation to delete, remove, or retain your user submissions, but they may remain on the website. In addition, even if user submissions are deleted from active display on the website, they may be recorded and saved by God and Man.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. GOD AND MAN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE USE OR OPERATION. GOD AND MAN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE; (III) ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES REFERENCED ON OR THROUGH THE WEBSITE OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GOD AND MAN AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR STOPPAGE OF TRANSMISSION TO OR FROM THE WEBSITES OR SERVICES; OR (V) ANY VIRUSES, GLITCHES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES. YOU ACKNOWLEDGES AND AGREES THAT YOU HAVE NO EXPECTATION OF OBTAINING ANY REVENUE OR OTHER RESULTS BY VIRTUE OF THESE TERMS OF USE, OR YOUR USE OF THE WEBSITE AND SERVICES. GOD AND MAN DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH THE WEBSITE. GOD AND MAN EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. GOD AND MAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW.: IN NO EVENT WILL GOD AND MAN BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT AND/OR PRODUCTS. IN NO EVENT WILL GOD AND MAN's AGGREGATE LIABILITY ARISING IN CONNECTION WITH OR OUT OF THESE TERMS OF USE, THE WEBSITE, SERVICES, CONTENT AND/OR PRODUCTS, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EXCEED THE GREATER OF (A) $90 OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE. YOU AND GOD AND MAN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR PRODUCTS, SHALL BE FOR YOU TO STOP USING THE WEBSITE AND SERVICES.
Indemnity
You will indemnify, defend at God and Man's request, and hold harmless God and Man from and against any and all claims, losses, liabilities, actions, proceedings, damages, obligations, costs, debt, and expenses-including attorney's fees, litigation expenses and settlement amount?arising from or related to any of the following, provided that the foregoing obligation to defend will apply only to claims or actions brought by a third party against an Indemnified Party: (i) your use of, or inability to use, the website and services, content or products, (ii) any of your user submissions; (iii) any acts or omissions by you as a user; (iv) any verbiage including any personal injury or damages; (v) your violation of these Terms; (vi) your violation of any law, rule or regulation, whether local, state, federal or international; (vii) any other party's access and use of the website with your unique username, password or other appropriate security code; or (viii) any negligence or willful misconduct by you. You will not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.
Modification
God and Man reserves the right to modify or alter these Terms at any time. These Terms will not be modified except in writing, as posted by God and Man on this website. Any alteration or modification made by God and Man will be effective immediately upon posting and your continued use of the website means that you agreed to accept any changes or modifications made by God and Man.
Terms of Drawings
God and Man may have promotional drawings. Drawing winners, in the event shipping and handling are necessary, may have to pay their own shipping and handling costs. If the drawing winner's address is outside the United States, the winner will be required to pay full shipping and handling costs in advance of shipment. Should there be a shipping delay, or should the prize materials be damaged in transit, God and Man has no obligation to replace the prize. Drawing winners must provide a valid physical shipping address. Drawing winners will be contacted by email; they must reply with a physical mailing address within seven days or else lose their eligibility to receive the prize.
The Effective Date of these Terms of Use is November 12, 2009.