Social Media Policy
Social Media Terms And Conditions
Welcome to the Evil Genius Media, Inc. dba Shittyrigs (together with its parents, subsidiaries, affiliated, or otherwise related companies, "EGM") Social Media Terms and Conditions. Please note that your Submissions to and engagement with our social media accounts are governed by and subject to the following terms.
If you do not agree with any of these terms, do not submit any comments, photographs, videos, or participate in any other similar manner on our social media accounts. Your participation and engagement shall be deemed to be your agreement to abide by each of the terms set forth below.
USE OF SOCIAL MEDIA
By submitting comments, photographs, videos, your social media handle or other material (“Submissions”) to any EGM social media accounts including, but not limited to Facebook, Instagram, LinkedIn, and/or Twitter, you grant to EGM the absolute, perpetual, irrevocable, royalty-free, non-exclusive, transferable right, and unrestricted permission to use your Submissions in any manner, in whole or in part, individually or in connection with other material in any and all media now in existence or hereafter known, including, but not limited to posting on BMC’s social media accounts and website, for any purpose, whatsoever, including, without limitation, advertising, promotion, illustration, art, editorial, and trade, without restriction as to alterations, and to use your name in connection with any use, if EGM so chooses, with no obligation to you whatsoever.
You hereby represent and warrant that (1) you are a legally competent adult, (2) you own all rights to your Submissions, (3) you have permission from all persons appearing in your Submissions to grant the rights conveyed herein, (4) use of your Submissions will not violate the rights of any third party, and (5) your Submissions do not violate any laws or regulations. By providing a Submission, you automatically agree to release and hold EGM, its affiliates, agents, licensees, and assigns harmless from any liability or other damages based on the use of your Submission as provided herein including, but not limited to, any and all claims for libel or violation of any right of privacy. You further grant EGM the right to use reuse, publish and/or republish your username, image, likeness, comment, caption or other identifying information, in connection with any use of your Submissions.
LIMITATIONS ON USE
You may not provide Submissions or in any way engage with any of EGM’s social media accounts in a manner that: is illegal or encourages illegal activity; infringes or violates the right of any third party; is intended to achieve or has the effect of interference with the social media account, or its use by others.
EGM reserves the right to delete any Submission on any of its social media accounts that: (i) is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (ii) promotes alcohol, illegal drugs, tobacco, or firearms/weapons; promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; (iii) is obscene or offensive; endorses any form of hate or hate group; (iv) contains defamatory or disparaging remarks about other people or companies; (v) contains personal identification, such as personal names or e-mail addresses; (vi) communicates messages inconsistent with the positive, creative images and/or good will to which EGM wishes to associate; or (vii) violates any law.
Any attempt to deliberately damage or undermine the legitimate operation of EGM’s social media accounts may be in violation of criminal and civil laws and should such an attempt be made, EGM reserves the right to seek any and all remedies available from such individuals to the fullest extent of the law, including criminal prosecution.
LINKS TO THIRD PARTY SITES
EGM may post links to other websites on the World Wide Web or Internet which are not affiliated with, under the control of or otherwise maintained by EGM. Such links do not constitute an endorsement by EGM of those sites. You acknowledge that EGM is providing these links to you only as a convenience, and further agree that EGM does not endorse and is not responsible for the content of such sites.
COMMENTS AND FEEDBACK
We welcome your comments and feedback regarding our social media content. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. By communicating with EGM, you acknowledge that all information contained in any Submission from you or under your account shall be deemed to be non-confidential. EGM shall have no obligation of any kind with respect to any such information in a Submission, and shall be free to reproduce, use, disclose and distribute such information to others without limitation. This acknowledgement may only be changed by written agreement of EGM. Further, EGM shall be free to use any ideas, concepts, know-how or techniques contained in any such Submission for any purpose whatsoever, including, but not limited to developing, manufacturing and marketing products or services incorporating such information, and in the development or creation of any intellectual property associated therewith.
DISCLAIMER OF WARRANTIES
ALTHOUGH EGM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON ITS SOCIAL MEDIA ACCOUNTS, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON ITS SOCIAL MEDIA ACCOUNTS. YOU ACKNOWLEDGE BY YOUR SUBMISSIONS OR PARTICIPATION IN EGM’S SOCIAL MEDIA ACCOUNTS, THAT YOU DO SO AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EGM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY.
THE CONTENTS AND ANY OTHER INFORMATION ("MATERIALS") CONTAINED ON OUR SOCIAL MEDIA ACCOUNTS IS PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EGM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION), UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANYTHING ELSE ARISING FROM THE PARTICIPATION IN AND ENGAGEMENT WITH OUR SOCIAL MEDIA ACCOUNTS, EVEN IF BMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, IN NO EVENT SHALL EGM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS).
THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY
You hereby agree to indemnify, defend, and hold EGM, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use and/or engagement with our social media accounts. You must use your best efforts to cooperate with EGM in the defense of any claim. EGM reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
INTENDED AUDIENCE
EGM controls and operates its social media accounts from its headquarters in the United States of America and makes no representation that the contents are appropriate or will be available for use in other locations. If you participate in or engage with our social media accounts from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all content found on our social media accounts is solely directed to individuals, companies or other entities located in the United States of America.
GENERAL
You agree that EGM may make improvements and/or changes to these Social Media Terms and Conditions at any time without notice and without liability to you of any kind. You agree that your continued participation in and engagement with our social media accounts constitutes your acceptance of such revised terms.
Any action related to these Social Media Terms and Conditions shall be governed by New York law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in New York County, in the State of New York, for the resolution of all disputes arising from or related to these Social Media Terms and Conditions and your participation in and engagement with our social media accounts.
If any provision of these Social Media Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of EGM to enforce any right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EGM in writing. These Social Media Terms and Conditions comprises the entire agreement between you and EGM and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.