Terms & Conditions
Effective November 1, 2013:
EBA Design Inc. (EBA) may update this policy from time to time. Please check our policy periodically for changes. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Most of our web sites are general audience sites and does not knowingly collect personally identifiable information from children under 13 years of age.
We may collect personally identifiable information (“PII” – for example, your full name, email address, mailing address, telephone number, mobile phone number or credit card number) from you when you voluntarily submit the information to us when you purchase items from us or register with our Site. We need this information in order to process and fulfill your order and to notify you of your order status, in order to register you as a user of this Site, provide you with mobile alerts or to provide you with other services. We may also collect PII from you if you choose to subscribe to our email program, participate in sweepstakes, contests, and surveys, or in connection with content or suggestions you post on this Site. Please note that applicable message and data fees may apply if you register for mobile alerts.
We use single sign-on services that allow you to sign into our Site using your third-party social networking login credentials for accounts such as Facebook, Google or Twitter. This allows you to link your existing social network profile to your account. Once connected, you will be able to post content on the third-party web site from our Site and interact with your friends from the third-party site(s). Our Site may also access available information from your third-party social network profile such as your name, profile picture, gender, list of friends, email address, wall postings and news feed.
We also collect non-personally identifiable information (“Non-PII” – for example, interests, hobbies, lifestyle choices, groups with whom you are affiliated) from you when you choose to provide or post non-PII information on this Site.
We may also collect additional information about you from third parties including demographic information (such as number of household members, age, and gender) and purchase preference information. We use this information to customize your experience on our Site and on other EBA Design Inc. (EBA) family of business Sites and to provide you with the most relevant products, services and offers.
What Information Do We Share and with Whom?
We do not rent or sell your information to outside marketers. We may share your information (as described above) with members of the EBA Design Inc. (EBA) family of businesses to provide you with products or services that you have requested or to provide you with promotional offers that we believe will be of interest to you. The EBA family of businesses includes all EBA affiliates, as well as other selected businesses with which EBA or its affiliates have a relationship and which have agreed to adhere to our strict standards for providing quality products and services, responding to your needs, and protecting customer information.
In certain circumstances, we may share your information with service providers that need access to your information to provide operational or other support services such as credit card processors or shipping agents. To ensure the confidentiality and security of your information, service providers must agree to safeguard your information in strict compliance with this policy. Unless otherwise disclosed to you, our Service Providers are prohibited from using your personally identifiable information for their own marketing purposes.
We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it. There may be instances when we may access or disclose your information in order to protect or defend the legal rights or property of EBA Design Inc. (EBA) and its affiliated companies or their employees and agents, to protect the safety and security of users and members, and to protect against fraud.
EBA Design Inc. (EBA) may sell, transfer or otherwise share some or all of its assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy. In such an event, personal information may be one of the assets transferred. You will be notified via email or a notice on our web site of any such change in ownership or control of our personal information.
Can I Disable Cookies?
Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function. If you do elect to disable cookies, please note that you may not be able to take full advantage of a personalized experience on this Site and on other EBA Design Inc. (EBA) family of business Sites.
What About Links to Other Sites?
This Site may contain links to other Sites outside the EBA Design Inc. (EBA) family of Sites. EBA is not responsible for the privacy practices of other non-affiliated Sites. You should read the privacy statements of each and every Site that collects personally identifiable information.
What About Online Advertisements?
This Site may carry advertisements from other companies. Some of these advertisements may be personalized, meaning that they are intended to be relevant to you based, for example, on commercial interests you have expressed in your online activities. You may opt-out of receiving this type of targeted advertising by visiting the Network Advertising Initiative’s (NAI) opt-out page here (http://www.networkadvertising.org/choices/). You may also visit http://www.aboutads.info/consumers/ to learn about online behavioral advertising and how to opt-out from online behavioral ads served by some or all participating companies. Please note that if you delete your cookies, use another computer, or change browsers, you will need to repeat this process. In addition, opting out of relevant advertising will not opt you out of all advertising, but rather only those advertisements that are personalized to your interests.
Other Web Sites
We partner with third-party service providers to serve ads on our behalf across the Internet. Some of these advertisements are also personalized for you based on what we know about you. Please note that we do not share any information that identifies you personally with the third party service providers who serve ads on our behalf. If you do not wish to receive personalized advertising from us on other web sites, please visit the Network Advertising Initiative Opt-Out page here (http://www.networkadvertising.org/choices/).
The Network Advertising Initiative offers useful information about Internet advertising companies, including information about how to opt-out of personalized advertising by their members. See http://www.networkadvertising.org/participating for the list of NAI members and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about online behavioral advertising and how to opt-out from online behavioral ads served by some or all participating companies.
Is My Information Secure?
We maintain reasonable and appropriate physical, electronic and procedural safeguards to protect your information. Your information is located on a secured server behind a firewall. When you enter sensitive PII, we encrypt that information using secure socket layer technology (“SSL”). Sensitive PII may include your drivers license, credit card number, social security number or protected health information, as may be applicable. While we do work very hard to protect your privacy, no method of security is 100% effective and we cannot be responsible for the actions of those who may gain unauthorized access to your personal information. EBA Design Inc. (EBA) makes no warranties, express, implied or otherwise as to the ultimate effectiveness of these reasonable and appropriate safeguards.
How Can I Access My Information?
You can personalize your experience on the EBA Design Inc. (EBA) family of Sites by becoming a registered Member. By registering, you will be able to tell us what products and services interest you, and whether you wish to receive e-mail about special sales, promotions and other events. Once registered, you can review and maintain your account information at anytime by clicking on the ‘My Profile’ link generally found at the top of each Site page. Your account information is secure and is accessible by using a password that you select. To become registered user, or to modify your current preferences, click here.
Can I “Opt-Out” of Receiving Promotional E-mails?
From time to time, we may send you e-mails with promotional offers if you opt-in to receiving such emails. If you would no longer like to receive e-mailed special event information, sales notifications or other promotional messages from this Site, you can unsubscribe from this Site’s e-mail marketing list by following the unsubscribe link located at the bottom of each promotional e-mail. Your e-mail address will be removed from this Site’s email marketing list within 10 days.
Secure Password Guidelines
As an additive security measure, EBA recommends the following guidelines when establishing your online profile password:
Password should contain:
At least 8 characters
At least 1 uppercase letter (A-Z)
At least 1 lowercase letter (a-z)
At least 1 numeric value (0-9)
It is also a sound practice to differentiate passwords across multiple online accounts. Using the same credentials for multiple online accounts creates the potential for security breaches.
These terms are effective as of November 1, 2013.
Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with EBA may vary from these Terms.
The EBA Design Inc. (EBA) Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the EBA Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register, or purchase merchandise on the EBA Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the EBA Site may be restricted for sale to persons of a certain age (depending on their state or jurisdiction of residence) and will require you to submit or provide valid proof of your age before purchasing or receiving such age-restricted merchandise.
Changes to the EBA Design Inc. Site
You agree and understand that the EBA Design Inc. (EBA) Site, including any and all features available via the EBA Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the EBA Site implemented after your initial access to the EBA Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the EBA Site by any User or on behalf of any User (all such items are collectively referred to as “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators’ use of the EBA Site.
In order to access some features of the EBA Design Inc. (EBA) Site, you may be required to register and submit an email address and select a password (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. By registering, you will also be enrolled as a member, the terms and conditions of which are available here. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.
You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the EBA Site shall be for your own personal or business use. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Secure Password Guidelines
As an additive security measure, EBA recommends the following guidelines when establishing your online profile password:
Password should contain:
At least 8 characters
At least 1 uppercase letter (A-Z)
At least 1 lowercase letter (a-z)
At least 1 numeric value (0-9)
It is also a sound practice to differentiate passwords across multiple online accounts. Using the same credentials for multiple online accounts creates the potential for security breaches.
Use of the Site/License/Services
EBA Design Inc. (EBA) grants you a limited license to make personal use of the EBA Site. This license grant does not include: (a) any resale or commercial use of the EBA Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the EBA Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the EBA Site. Except as noted above, Users of the EBA Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of EBA or any third party.
You may not use, frame or utilize framing techniques to enclose any EBA Design Inc. (EBA) trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without EBA’ express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a EBA name, trademark, or product name without EBA’ express written consent.
Any unauthorized use of the EBA Design Inc. (EBA) Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
You acknowledge and agree that we do not control the User Content posted to the EBA Design Inc. (EBA) Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the EBA Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the EBA Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the EBA Site, you may be exposed to User Content that is offensive, indecent or objectionable.
IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.
The EBA Design Inc. (EBA) Site does not provide medical advice. Consult your physician or other health provider for advice or questions about your medical condition. If you need immediate medical attention, contact your physician or local emergency medical professionals without delay.
Restrictions on Rights to Use
Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity to):
- download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the EBA Design Inc. (EBA) Site, except and to the extent expressly permitted under these Terms;
- remove any copyright, trademark or other proprietary rights notice contained in or on the EBA Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the EBA Site;
- collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
- reformat or frame any portion of any Web pages that are part of the EBA Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the EBA Site;
- submit to the EBA Site any content that falsely states or implies that such content is sponsored or endorsed by us;
- transmit or upload to the EBA Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the EBA Site, any other Web site, or any computer or other device or system, or the enjoyment of the EBA Site by any User;
- use the EBA Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the EBA Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the EBA Site to transfer or store illegal material, including any material deemed threatening or obscene;
- copy or store any User Content offered on the EBA Site other than for your personal, non-commercial use;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the EBA Site or the IT infrastructure used to operate and make the EBA Site available;
- use the EBA Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or collect or store personal data about other Users in connection with the prohibited activities described in this paragraph
- if you are employed by EBA or if you have or will receive any compensation or consideration from EBA, including but not limited to product samples and Shop Your Way Points, directly or indirectly in exchange for any opinion, endorsement, review or critique that you post, upload or transmit to the EBA Site, you must clearly and conspicuously disclose the nature of your connection to EBA.
User Content Posted By You on the EBA Design Inc. Site
Without limiting the generality of any other provisions of these Terms, you agree:
- You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party prior written consent.
- You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
- You are solely responsible for any User Content you post, publish or display on the EBA Design Inc. (EBA) Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the EBA Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
- You will post only User Content you believe in good faith to be true and accurate, and you will not post to the EBA Site any User Content that is false, inaccurate, misleading or fraudulent.
- By uploading User Content to the EBA Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) EBA, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the EBA Site. You understand that EBA may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (“Idea”), that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for your access to and use of the EBA Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any Ideas you submit on the EBA Site. To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to EBA and in doing so and EBA’s use of the Idea will not infringe upon any other individual’s or entity’s rights.
- You understand that disclosure of your Idea to EBA does not establish a confidential relationship or obligate EBA to treat the Idea (or any related materials) as secret or confidential.
- You understand that EBA has no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that EBA assumes no obligation with respect to any Idea.
- For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.
- If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to EBA.
- You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and EBA, you hereby irrevocably release and forever discharge EBA and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against EBA and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how EBA and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the EBA Design Inc. (EBA) Site. You may not post any content that:
- is patently offensive to users of the EBA Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; or seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
If you believe any User Content or any other aspect of the EBA Design Inc. (EBA) Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the EBA Site;
- Your address, telephone number and email 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the EBA Design Inc. Site may be reached at the following address:
EBA Design Inc.
760 W 16th Street, Unit D
Costa Mesa, CA 92627
Or by email:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, IL, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, EBA Design Inc. (EBA) may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at EBA’s sole discretion.
As between you and us, the EBA Design Inc. (EBA) Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the EBA Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the EBA Site are the proprietary property of EBA or their respective owners, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the EBA Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the EBA Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE EBA DESIGN INC. (EBA) SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE EBA SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE EBA SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE EBA SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EBA SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE EBA SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE EBA SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EBA SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE EBA SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE EBA SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
EBA Design Inc. (EBA) reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such products and/or services in your State is restricted or prohibited. In the event of a pricing error on www.europeanbodyart.com, EBA reserves the right to cancel any orders resulting from such pricing errors.
To properly serve all customers, EBA reserves the right to limit quantities. In this case, only one (1) of this limited quantity item may be placed in your shopping cart. EBA further reserves the right to cancel multiple orders of the limited quantity item purchased by the same www.europeanbodyart.com User and/or shipped to the same delivery address.
EBA Design Inc. (EBA) may display advertising prints for products sold through the EBA Site. EBA attempts to display the colors of the products shown on the EBA Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the computer monitor used by you.
Limitation on Liability
IN NO EVENT SHALL EBA DESIGN INC. (EBA) OR OUR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE EBA SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EBA SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, EBA’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE EBA SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EBA SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold EBA Design Inc. (EBA) and our respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the EBA Site, (ii) your use of the EBA Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
Third Party Advertisements and Links to Third Party Sites
WE MAY DISPLAY ON THE EBA DESIGN INC. (EBA) SITE ADVERTISEMENTS FROM THIRD PARTIES, SUCH AS BANNER ADVERTISEMENTS AND POP-UP TEXTS, AND LINKS TO THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF SUCH ADVERTISEMENTS OR LINKS, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO SUCH ADVERTISEMENTS, ANY LINKED SITE, OR ANY LINK CONTAINED IN A LINKED SITE. THE DISPLAY OF ANY ADVERTISEMENT OR LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE ADVERTISEMENT OR LINKED SITE OR ANY CONTENT THEREIN. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE EBA SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Placing an Order
At this time, EBA Design Inc. (EBA) ships merchandise internationally throughout the world. However, with respect to certain licensed products EBA only ships such products to locations within the 50 United States and its US territories Puerto Rico, Guam, the US Virgin Islands.
The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see EBA Design Inc. (EBA) shipping and delivery policies in more detail, please see Shipping & Delivery. You may purchase merchandise from this Website by using any one of the payment options listed in See our Payment Methods. EBA reserves the right to change its payment options at any time without prior notice to you
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to EBA Design Inc. (EBA) return policy, available under Returns/Cancellations.
EBA Design Inc. (EBA) reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
To properly serve all customers, EBA Design Inc. (EBA) reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. EBA further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the EBA site is expressly prohibited. EBA reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
EBA Design Inc. (EBA) may display advertising prints for products sold through a EBA Site. EBA attempts to display the colors of the products shown on the EBA Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Pricing errors may occur on the EBA Design Inc. (EBA) Site from time to time, on items sold by EBA, or items sold by third party sellers. EBA attempts to correct all pricing errors as soon as they are discovered, or as soon as EBA receives notice of an error. EBA reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from EBA. Any payments you make to EBA for orders that are cancelled due to pricing errors will be refunded.
EBA reserves the right to review and to change this Returns and Exchanges Policy at any time without giving any reason or prior notice.
Shipping / Delivery Policy
All ground orders placed before 11am PST usually ship within 3 business days.
Custom System orders and Stencil orders exceeding $1000 may take up to seven (7) business days. Please, call to check the status of your order. 30% Fee applies on all rush orders for Custom Systems and Stencil orders.
Express orders (Overnight, 2nd, and 3rd day) placed after 11am PST will ship the next day.
Hazmat Fee $40 applies on all ENDURA INK orders shipped express or 3 day shipping.
All International orders require BANK TRANSFERS and about 3-5 days to clear before shipping. EBA is not responsible for, nor can offer any specific advice on import/export fees, duty, customs, and/or broker fees, or taxes that may apply in the country of destination. Recipient is responsible for all applicable fees listed above.
FREE GROUND DOMESTIC SHIPPING EXCLUDES ANY HAZMAT PRODUCTS SHIPPING TO HAWAII AND ALASKA.
EBA Design Inc. (Holiday Service Schedule) will be closed:
Fed-Ex Holiday Service Schedule will be limited:
New Year’s Day
Credit/Debit Card Charges: If you pay for your order with a credit/debit card, your account will show two entries at the same time, an authorization and the final sale. The authorization hold will fall off within 7-10 business days (Monday-Friday excluding holidays), depending on your bank’s policies. This hold allows us to verify that funds are available, so that we can begin processing your order. Unfortunately, with a debit card, the pre-authorization hold and final charge aren’t combined into one single transaction.
The actual length of the hold is determined by your bank and is outside of our control. However, most holds are released within 2-3 business days (Monday-Friday excluding holidays). Since debit cards are linked to cash accounts, changes or adjustments to your order can result in multiple pending transactions on your account. EBA does not assume responsibility for loss or inconvenience due to held funds.
EBA Design Inc. (EBA) charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped.
Return/Exchange/ Cancellation Policy
All sales made through the EBA Design, Inc. are subject to EBA Design’s return policy.
EBA Design Inc. stands proudly behind all of our products. If you are not happy with your purchase, please contact our customer service for Support Ticket # to return your unused product WITHIN 30 DAYS of purchase for a refund, exchange or credit. EBA will NOT accept and refund any returns after the return period has expired (30 days from SHIP DATE). After the return period has expired, please refer to any Limited Warranty that may be provided with the merchandise.
Claims for MISSING items or items DAMAGED in transit must be received within three (3) business days of receipt of merchandise (this date will be verified using the FedEx tracking number) and Support Ticket # must be requested from EBA Design Inc to report the defect otherwise it will be considered used and ineligible for claim. Image documentation MUST be submitted to EBA Design Inc. CUSTOMER SUPPORT of all damages and of the complete package as it was received for documentation. Any products that are damaged due to misuse or exposure to extreme weather conditions will not be accepted for credit or a new exchange under any circumstance and may be returned to the buyer. However, if the product is deemed “fixable” EBA may fix the damaged product for a fee before returning it to the customer.
Return period begins on the day of shipping. To return merchandise for refund, exchange or credit, customers must (i) obtain Support Ticket # within 3 days for damaged or missing items for refund and within 30 days for exchange of the ship date to the delivery address specified on the order (this date will be verified using the FedEx tracking number), (ii) email written description of an issues with attached image documentation, and (iii) return the merchandise, so the it is received by the EBA Design Inc. office within 14 days of the date the Support Ticket # was issued.
All European Body Art products are under limited manufacture warranty for one year from the date of the invoice. Any manufacture defected products must be sent back to EBA immediately. A delay in contacting EBA or returning the goods for repair may affect the warranty. If your products need repair please pack the product (s) securely in a box suitable for shipping. Please include directions as to from whom the package is coming, to whom to send it back, a phone number and email address as well as what is wrong with it. All Repairs will be inspected when received. If a product is judged to be mistreated or not repairable the customer will be contacted to discuss the options before the repair is attempted.
All returns must be accompanied by Support Ticket #. To receive Support Ticket #, please call the EBA Design Inc. Offices toll-free at 1-800-991-4322 from 9:00 a.m. to 5:00 p.m. PST, Monday through Friday, excluding holidays or email us with detailed description of the issue with attached image documentation to CUSTOMER SUPPORT.
All Returns Are Subject To A Minimum 15% Restocking Fee Unless Otherwise Noted
Additionally, EBA requires for all unused product returns your written notice describing in detail what is wrong with the item including IMAGE documentation and whether you want a refund (minus the 15% restocking fee) or an exchange.
Before You Return Any Product For Refund/Credit Or Exchange Contact: EBA Design To Request Support Ticket #.
If items do not have Support Ticket # attached, we cannot track the return and therefore cannot guarantee the refund.
Any merchandise received without a properly displayed Support Ticket #, or that otherwise does not meet the requirements of this policy, are unauthorized returns and will be refused and returned back to the sender of origin.
30 Day Exchange Policy
EBA Systems and products have been put to a test at different retail locations for their functionality, popularity and profitability. As a result we fully back up our systems and your success by offering 30 Day Exchange Policy for a credit refund or exchange, most products may be returned within 30 days of original purchase date. Provided:
(1) Your return is accompanied by Support Ticket #.
(2) Product must be in original box with original accessories, packaging, manuals, and registration card in undamaged, clean, and unused condition.
(3) Products returned within policy with the UPC Code missing from the box may only be accepted back as an exchange for the exact same item, less the rebate amount.
(4) Product that is returned incomplete, damaged, or has been used — if accepted — EBA will require an additional deduction. This deduction is final. Subsequent return of missing items will not reverse the deduction.
Which, shall entitle you to a full refund minus any re-stocking fee unless the product is defective or used or alternatively you can ask for an exchange for the unused product.
Unauthorized Returns / Excluded Offers / Non Refundable Items:
Items returned without Support Ticket # or refused shipments are considered unauthorized returns and will be refused at our warehouse. No refunds will be made for returns without Support Ticket # and the customer will be responsible for the cost of shipping the package back to the sender.
- 30 day exchange offer excludes any systems with used EBA LamTac/Premium stencils and/or used/opened EBA paints.
- 30 day exchange offer excludes Training – full price will be charged for training/used DVD if system will be returned.
- 30 day exchange offer excludes the following products: garage sale, trade show display products, or products with discounts exceeding 30% off MSRP.
- Offer excludes any products damaged by customer and charge will apply for used or damaged parts/products.
- If FREE SHIPPING was applied, shipping charges will be deducted in the event of return/exchange from the Refund Amount.
- Offer begins on the day of shipping.
Non Refundable Items Are:
- SHIPPING AND HANDLING CHARGES (note: If FREE SHIPPING was applied, shipping charges will be deducted in the event of return/exchange from the Refund Amount)
- ANY DUTIES OR SURCHARGES
- TRAINING CLASSES, DVDs, and CDs
- CLASSES AND WORKSHOPS (Cancelation Restrictions Apply)
- Final/Garage Sale
No exchanges or returns on items marked as final/garage sale. No price adjustments given on final sale items.
Custom Design/Items Policy
Any custom products are excluded from any return or exchange policy. EBA will not refund or credit any customized items. The lead time for any custom work is about 3-5 business days, but can vary based on the project.
You agree that by entering into these Terms, you and EBA Design Inc. (EBA) are each waiving the right to trial by jury and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND EBA RELATING IN ANY WAY TO THE EBA SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE EBA SITE, EBA ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES EBA SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE EBA SITE, THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
Any User who intends to seek arbitration must first send to EBA Design Inc. (EBA), by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 760 W 16th Street, Costa Mesa, CA 92627, Attn: Arbitration. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the EBA Design Inc. (EBA) Site (including, without limitation, any EBA advertisement or disclosure, any email or mobile SMS (text) message that EBA sends to you, the collection or use of any information about you in connection with the EBA Site, these Terms, or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless EBA and you agree otherwise, the arbitrator may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against EBA Design Inc. (EBA) in accordance with this section (but not for any arbitration claim against you) EBA will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, EBA will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST EBA DESIGN INC. (EBA) IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE EBA SITE, EBA’S ADVERTISEMENTS AND DISCLOSURES, EMAIL, AND MOBILE SMS (TEXT) MESSAGES EBA SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE EBA SITE, THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND EBA.
EBA Design Inc. (EBA) or you may seek injunctive relief in any state or federal court in Newport Beach, California, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Newport Beach, California, USA for injunctive relief purposes.
By visiting EBA Design Inc. (EBA) Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and EBA Site.
Contact and Violations
Please contact us with any questions, or report any violations of these Terms. You can find contact information for EBA Design Inc. here:
Phone: 800-991-4EBA (4322)
Shipping Mailing Address:
760 W 16th Street, Unit D
Costa Mesa, CA 92627
For claims or requests for arbitration, see the Confidential Arbitration section of these Terms.
EBA Design Inc. (EBA), owns one or more patents, U.S. Patent No.: D613,572, as well as other patents pending.
Product names, logos, brands and other trademarks referred to on www.europeanbodyart.com website are the property of their respective trademark holders. These trademark holders are not affiliated with EBA Design, Inc., our products, or our website. They do not sponsor or endorse our materials. Below is a list of registered trademarks and unregistered common law trademarks owned by EBA Design Inc. (EBA):
- EUROPEANBODYART ®
- EUROPEANBODY ART EBA EUROPEANBODYART.COM (Design Mark) ®
- BODY ART EUROPEAN EBA EUROPEANBODYART.COM (Design Mark) ®
- ZEROG ®
- ENDURA ®
All content contained in our website and/or on our catalog is the sole property and possession of EBA Design Inc. (EBA) and under copyright. Unauthorized use is prohibited. Any attempt to copy, reproduce, distribute, sell or claim credit for the designs contained herein is unlawful.
Follow the instructions of the Giveaway/Contest for a chance to win EBA products. A winner will be chosen on date stated on the Giveaway/Contest. All information received is for private use only and is used to support our commitment to keep content on this web site relevant to you.
NO PURCHASE NECESSARY TO ENTER OR WIN.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT WILL NOT IMPROVE CHANCES OF WINNING. Void where prohibited, taxed or otherwise restricted by law. Subject to all federal, state and local laws.
HOW TO ENTER:
Enter on-line by signing up for European Body Art Giveaway/Contest during the giveaway period stated on the Giveaway/Contest, (PST). By participating, all entrants agree to abide by these Official Rules. All entries must be unique and valid email addresses.
Unless otherwise specified in an individual contest post, no person may enter the giveaway more than once using multiple email addresses.
Unless otherwise specified, the giveaway/contest is open to all legal residents of the United States and District of Columbia, and U.S. Military personnel (and their families) with APO/FPO addresses, who are eighteen (18) years of age or older. Participation in the giveaway/contest constitutes entrant’s full and unconditional acceptance of these Official Rules.
All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet portion of the giveaway is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the giveaway, EBA Design, Inc. reserves the right at its sole discretion, to terminate, modify or suspend the giveaway. All entries received on-line before the on-line portion becomes inoperable, will be included in the random drawing. EBA Design, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. EBA Design, Inc. is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by EBA Design, Inc. on account of technical problems or traffic congestion on the Internet or at any web-site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this giveaway. In the event of a dispute, eligible electronic entries will be considered made by authorized account owner of the email address submitted at the time of entry. Entries generated by robots or scripts are considered to be a direct violation of giveaway/contest policy and will result in immediate disqualification of any and all associated entries. EBA Design, Inc. is not responsible for printing errors in these Official Rules.
Subject to change _________________________
EXCLUSIONS & RESTRICTIONS:
Unless otherwise specified in an individual contest post, no person may enter the contest more than once using multiple email addresses. Only one email address per person. All associated email addresses must be valid and deliverable.
Employees, affiliates and agents of EBA Design, Inc., and members of their families and households, are not eligible to participate in the giveaway/contest.
Tampering with the entry process, or submitting an entry not in accordance with these Official Rules will disqualify the entry.
Shipping cost is excluded. EBA Design Inc. does not cover any shipping costs. If international, expedited, or ground shipping is requested you will be responsible for the full shipping cost.
The odds of winning will be determined by the number of entries. The winner will be selected in a random drawing from all eligible entries received whose decisions regarding all aspects of the giveaway shall be final and binding. If a winner does not contact European Body Art (EBA Design, Inc.) within 48 hours, declines to accept a prize, or in the event that a prize or prize notification is returned as undeliverable, the winner will be disqualified and the EBA Design, Inc. may elect, at its own discretion, to select an alternate winner. By participating, entrants release EBA Design, Inc., its parent, subsidiaries, affiliated businesses, its advertising and promotion agencies and the officers, directors, employees and agents of each from any and all liability, damages or causes of action (however named or described) for injuries, damages or losses to persons and property which may be sustained in connection with receipt, enjoyment, ownership or use of the prize, and winner grants permission to EBA Design, Inc. to use winner’s name, age, city, state, photograph or likeness for advertising and promotional purposes without additional compensation or approval (where lawful).
The giveaway/contest winner may be required to execute, where legally required/permitted, an Affidavit of Eligibility, liability release, W-9 and/or publicity release. The giveaway/contest prize is awarded “as is.” It is not transferable and no substitution of the prize and/or cash alternative will be allowed.
LIMITATIONS OF LIABILITY:
By entering the giveaway/contest, you agree to waive any right to claim any ambiguity or error in these Official Rules or the Contest itself. You further agree to be bound by these Official Rules and by all decisions made by EBA Design, Inc., whose decision is binding and final in all respects. To the fullest extent permitted by law, you also agree to release EBA Design, Inc. and its employees, affiliates and agents from any and all liability, loss, damage or injury by or to any person in connection with the giveaway/contest.
By entering the giveaway/contest, you further agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the giveaway/contest, or any prize awarded, shall be resolved individually without resort to any form of class action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the giveaway/contest, but in no event attorney’s fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
EBA Design, Inc. is not responsible for any incorrect or inaccurate information, whether caused by web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the giveaway/contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. EBA Design, Inc. is not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this giveaway/contest or downloading materials from or use of the web site. If, for any reason, the giveaway/contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which EBA Design, Inc., in the sole opinion of EBA Design, Inc., deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this giveaway/contest, EBA Design, Inc. reserves the right at its sole discretion to cancel, terminate, modify or suspend this giveaway/contest and select the winners from entries received prior to the action taken or in such other manner as EBA Design, Inc. may deem fair and appropriate. IN NO EVENT WILL EBA Design, Inc., BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE DESIGN STYLE GUIDE BLOG INTERNET SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE IMITATIONS OR EXCLUSIONS.
The giveaway/contest shall be governed by and construed in accordance with the laws of the State of California, without giving affect to any choice of law or conflict of law rules or provisions. Any legal claim arising out of the giveaway/contest must be brought in state or federal court located in Costa Mesa, California.
This giveaway is sponsored by European Body Art (EBA Design, Inc.) and is in no way sponsored, endorsed or administered by, or associated with any other social social network.
EBA Design, Inc. reserves the right to cancel the giveaway at any time and substitute another promotion in its place. This giveaway is sponsored by EBA Design, Inc.
Licensed Products Terms
ENDURA FACE OFF EDTION TERMS
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No material from the Site owned, operated, licensed or controlled by NBCU or any of its related, affiliated or subsidiary companies, (collectively “NBCU”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of NBCU, except that you may download one copy of the material displayed on the Site on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of NBCU’s copyright, trademark and other proprietary rights.
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