Terms & Conditions

By visiting BRANDGASM101.com, you are consenting to our terms and conditions.

Overview

The terms “we”, “us”, “our” and “Brandgasm 101” refers to a joint venture between Shatterboxx, Inc. and The Middle Finger Project, Inc. The term the “Site” refers to brandgasm101.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Brandgasm 101 is a 7-week DIY design and copywriting course (the “Service”).

Use of brandgasm101.com, including all materials presented herein and all online services provided by joint venturers, Shatterboxx, Inc. and The Middle Finger Project, Inc. (“SB + TMF”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Minors

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. If you are at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by our Terms and Conditions. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, please be advised that you are responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. Children under the age of 13 are prohibited from using the Site.

Account Creation

In order to use the Service, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to SB + TMF will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning course materials and delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Cancellations, Refunds & Returns

All purchases are final. Due to the nature of this product, no refunds will be issued, and TMF does not accept cancellations after your order has been placed.

Product Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you supply to SB + TMF. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to SB + TMF, remains yours to the extent that you have any legal claims therein. By submitting an order, you agree to hold SB + TMF harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Our Intellectual Property

The Site and Service contain intellectual property owned by SB + TMF, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, SB + TMF is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if SB + TMF has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall SB + TMF’s cumulative liability to you exceed the total purchase price of the Service you have purchased from SB + TMF.

Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with SB + TMF. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification 

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees,  arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Modification; Waiver

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows

The Middle Finger Project, Inc.

P.O. Box 37635 #64502

Philadelphia, PA 19101

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York County, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Entire Agreement and Amendments

These Terms and Conditions are the entire agreement between SB + TMF and you and supersede all earlier and simultaneous agreements regarding the subject matter. These Terms and Conditions may be amended only as described above.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Date: March 2013