KILLERBRANDS MEDIA, LLC
TERMS & CONDITIONS
FOR VIRUSES.COM

Welcome to viruses.com, (the “Site”). Thank You for using our Site.  All Services are provided by Killerbrands Media, LLC (“KBM” “We” or “Us”).  By accessing or using our Services You agree to the terms and conditions (the “Terms of Use”) and enter into a legally binding agreement between You and KBM.   Please do not access the Site or use our Services if You cannot or do not agree to the Terms of Use.

The information provided on our Site is for general informational or educational purposes as well as advertising and referrals for which We receive compensation.

You may use our Services only as permitted by law, and in accordance with the Terms of Use. We may suspend or stop providing our Services to You if You do not comply with our terms or policies or if We are investigating suspected misconduct.

Using our Services does not give You ownership of any intellectual property rights in our Services or the content You access or view. These terms do not grant You the right to use any branding, logos, or content used on our Site or Services.

In connection with Your use of our Site or Services, We may send You announcements, administrative messages, and other information. You may opt out of some of those communications. Our messages or announcements are sent in accordance with the terms of our Privacy Policy.

1. Changes to Our Site. From time to time the content on the Site will change. You agree and understand that our Site including, all content and sponsored content, may be modified or discontinued at any time, in our sole discretion and without prior notice.

2. Ownership of Intellectual Property. All content on our Site, including without limitation, text, photographs, graphics and video and audio content, and derivative works of any user generated content or third party content is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, or other proprietary rights. We give You limited permission to use our content for personal, non-commercial purposes only and do not transfer any intellectual property rights to You by virtue of permitting Your use of the Site or our Services. You may print, download, and store information from the Site for Your own convenience, but You may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of our Site content or information.

You are restricted from using any automated or manual device or process to copy, monitor, index or data mine the Site.

Nothing in these Terms shall be deemed to grant to You any license or right in or to any other proprietary right of ours pertaining to the products sold on and through our Site.

3. License to Use and Copy. We grant You a limited license to make personal use of content on our Site. This license does not include: (a) any resale or commercial use of content on our Site; (b) the collection and use of any product listing or description on our Site; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Site.

4. Restrictions on Your Use of our Site. Without limiting the generality of any other provisions of these Terms, You agree You shall not: (i) 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 our Site or Content; (ii) remove any copyright, trademark or other proprietary rights notice contained in or on our Site; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Site; (iv) transmit or upload to our Site any software or code containing any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade the performance of our Site or any computer utilized to access our Site; (v) use our Site to intentionally or unintentionally, violate any applicable local, state, federal or international law; or (vi) collect or store personal or non-personal data about others in connection with our Site.

5. Your Privacy is Important to Us. We know that Your privacy is important and We respect the privacy of users of our Site. Please refer to our [Privacy Policy] that explains Your rights and responsibilities with respect to information that is disclosed on our Site.

6. Copyright Dispute Policy and DMCA Notice. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf)

Policy

Our Policy is to: (a) block access to or remove material that We believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.

Procedure for Reporting Copyright Infringements.

If You believe that material or content residing on or accessible through our Site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent (“Proper Bona Fide Infringement Notification”):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;

• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that We are capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Receipt of a Bona Fide Infringement Notification.

Once a Proper Bona Fide Infringement Notification is received by our Designated Agent, it is Our policy:

• to remove or disable access to the infringing material;
• to notify the content provider, member or user that it has removed or disabled access to the material; and
• that for repeat offenders, We will also terminate such content provider’s, member’s or user’s access to the Service.

Procedure to Supply a Counter-Notice to the Designated Agent.

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

• A physical or electronic signature of the content provider, member or user;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which MD.com is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal

If a counter-notice is received by the Designated Agent, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Our sole discretion.

Address for Designated Agent

Please contact Our Designated Agent to Receive Notification of Claimed Infringement at the following address:

Viruses.com Copyright Agent
1908 Route 70 East
Cherry Hill, NJ 08003

Email to: legal@killerbrands.com

7. DISCLAIMER. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR 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 OUR SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR SITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 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 THROUGH OUT SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR SITE ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT OUR SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR CUSTOMER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

8. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE, OUR AFFILIATES, 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 OUR SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR SITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THIS IS A BARGAINED AND AGREED TO PROVISION

9. Third Party Web Sites and Links. Our Site may contain links or references to other websites maintained by third parties over whom We have no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over which We have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Us.

10. CLASS ACTION WAIVER AND BINDING ARBITRATION.

10.1. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR SITE AND THE PRODUCTS ADVERTISED THEREON (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM ADVERTISING ON OUR SITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION.

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New Jersey as applied to contracts made and to be performed entirely within New Jersey, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or Your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of New Jersey, County of Camden pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

10.2. If You intend to seek arbitration, You must first send to us, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to:

Killerbrands, LLC

1908 Route 70 East

Cherry Hill, NJ 08003

 

It must be addressed to the attention of Legal Counsel. 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.

10.3. All arbitrations required by these Terms will be conducted under the rules 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 these Terms may be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless We and You agree otherwise, the arbitrator may not consolidate Your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

10.4. In the event that You commence arbitration in accordance with these Terms, We will, at Your request, reimburse You for Your payment of the arbitration filing fee, unless Your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Requests for payment of fees should be submitted by mail to the AAA along with Your Demand for Arbitration and We will make arrangements to pay the necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), You agree to reimburse us for all fees associated with the arbitration paid by us on Your behalf that You otherwise would be obligated to pay under the AAA’s rules.

If Your claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon by Us. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes pertaining to payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

10.5. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A CLASS 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 US IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR SITE INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR SITE, OUR ADVERTISEMENTS AND DISCLOSURES, EMAIL OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR SITE, THESE TERMS, OR YOUR STATUS AS A PURCHASER OF OUR PRODUCTS OR SERVICES. THIS SECTION 14 WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.

11. Entire Agreement & Changes to the Terms. We may modify these terms or our Services at any time. These changes may be done to reflect changes to the law or changes to our Services. We will provide notice of the changes on this page and any changes addressing new Services or changes made for legal reasons will be effective immediately. If You do not agree to the modified, You should discontinue use of our Site or Services.

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy constitute the entire agreement between You and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

12. Assignment. We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will use reasonable efforts to notify You regarding any change of ownership. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

13. Eligibility. You must be 18 years of age or over, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If You are between the ages of 13 and 18 or the applicable legal age in Your jurisdiction, You can use the Site or Services only in conjunction with, and under the supervision of, Your parent or guardian who has agreed to the Terms of Use. If You are under the age of 13, You may not use the Site or Services, in compliance with the Children’s Online Privacy Protection Act.

If You are the parent or legal guardian of a child under the age of 18, You may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, You represent and warrant that You are the parent or legal guardian of such child and that all references in these Terms of Use to “You” shall refer to such child or such other individual for whom You have authorization to enter into these Terms of Use on their behalf, and You in Your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If You do not qualify under these terms, do not use the Site or Services. Use of our Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions.

By using the Site and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States (“U.S.”) and is intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

Last Updated on April 16, 2020.