1. Website Ownership & Prohibitions
Access to the Materials may not be lawful by certain persons or in certain countries. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Without the prior written permission of Evil Enterprises, Inc., you agree not to display or use in any manner, the Site’s trademarks, including without limitation, domain names, email, newsletters, event names, slogans, and promotions.
- The mark: Baseballs Evil Empire™, are a trademark of Evil Enterprises, Inc. and their logo’s are the exclusive property of Evil Enterprises, Inc. and may not be reproduced, modified, or otherwise used without the express written consent of Evil Enterprises, Inc. Terms not to be used in any unauthorized manner.
2. Message Features / Blog
- Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email, and message boards ("Message Features / Blog”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (I) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
- Message and screen name review. Evil Enterprises, Inc. and its vendors act as a passive conduit in connection with your use of Message Features. Evil Enterprises, Inc. and its vendors have the right, but not the obligation, to review, edit or delete any Message or screen name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by Evil Enterprises, Inc. or its vendors.
- You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, and contractually implied or other relationship is created between you and Evil Enterprises, Inc. and its vendors other than as expressly set forth in this Agreement.
Evil Enterprises, Inc. May change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Evil Enterprises, Inc. may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Terms of Sales from the BaseballsEvilEmpire.com ("Store")
- The Store in the Website allows you to order products supplied by Evil Enterprises, Inc. including, but not limited to, officially licensed apparel of its licensors and original designs belonging to Evil Enterprises, Inc.
- ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. EVIL ENTERPRISES, INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF EVIL ENTERPRISES, INC., THE MERCHANDISE OFFERED BY EVIL ENTERPRISES, INC.., ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE. EVIL ENTERPRISES, INC. reserves the right to modify the price of any Merchandise or Services. EVIL ENTERPRISE, INC. is not responsible for any error in copy or images relating to Merchandise.
- Evil Enterprises, Inc. reserves the right to modify the price of any merchandise, ticket(s), product or any other Evil Enterprise, Inc. & Baseballsevilempire.com property. Evil Enterprises, Inc. is not responsible for any error in copy or images relating to merchandise, tickets, products or any other Evil Enterprises, Inc. & Basballsevilempire.com property. With respect to merchandise offered and/or sold via the Baseballsevilempire.com store, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.
- Purchasing; Price; Payment. In order to purchase Merchandise, tickets, products you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. Your ability to purchase Merchandise, tickets, products is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. Evil Enterprise, Inc. may bill your credit card at the time the merchandise is ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Evil Enterprises, Inc. may in its sole discretion decline service or terminate any account. Evil Enterprises, Inc. is not responsible for and must not be held liable for any breaches in transaction security by any third party. By purchasing any product, material or other Evil Enterprises, Inc., Baseballsevilempire product / property via the website, you acknowledge and agree that your credit card is being charged by the payment processor of Evil Enterprises, Inc., the operator of such product or service. For the purposes of this Agreement, such payment processor will be referred to as a ‘Vendor”
- Tickets: Evil Enterprises, Inc. maintains an affiliate relationship with a selected ticket provider website. Evil Enterprises, Inc. Inc. assumes no responsibility for tickets purchased through our ticket partners.
- Exchange/Return Policy. Our items have proper descriptions and information about what you are buying. Please read the item and look at the picture carefully so you know what you are purchasing. Evil Enterprises, Inc. will accept exchanges and returns of apparel if returned / exchanged within 30 days of purchase. Item must be, not worn, and in perfect condition upon return for an exchange/refund to occur. Exchanged items to be shipped to Evil Enterprises, Inc. P.O. Box 2038, Bridgehampton, NY 11932. No Refunds will be made if merchandise is not returned within 30 days of purchase. Orders after 30 days will not be refunded.
- Shipping: Shipping charges are based on the weight of your items ordered. Generally orders that weight less than a pound (ex. One t-shit, or one hat, or one light novelty item) will cost around $ 5.00 to ship. Shipping cots will increase when you order more items, heavier items, and the further away from our zip code near New York, NY that you are located. International Shipping: We offer international priority mail shipping. Most orders cost about $12.50 to ship with your order arriving in about a week in half.
- Tax:Sales Tax: We charge sales tax on taxable goods shipped to a New York zip code.
The site may contain links or automatically produce results that reference or link to third party sites throughout the World Wide Web. Evil Enterprises, Inc. has no control over these sites or the content within them. Cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Evil Enterprises, Inc. does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the site to search for or link to another site, you agree and understand that you may not make any claim against Evil Enterprises, Inc. for any damages or losses, whatsoever, resulting from your uses of the site to obtain search results or to link to another site. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
6. Disclaimer of Warranties
- (A) USE OF THE WEBSITE AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- (B) EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY EVIL ENTERPRISES, INC. THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- (C) EVIL ENTERPRISES, INC. DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
7. Limitations on Liability
- (A) NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY EVIL ENTERPRISES, INC. OR ANY ACT OR FAILURE TO ACT BY EVIL ENTERPRISES, INC. OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
(B) IN NO EVENT SHALL EVIL ENTERPRISES, INC. BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.
- (C) IN NO EVENT SHALL EVIL ENTERPRISES, INC. ITS VENDORS OR ANY OTHER EVIL ENTERPRISES, INC. ENTITY (including, Baseballsevilempire.com ) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, OR MERCHANDISE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EVIL ENTERPRISES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF EVIL ENTERPRISES, INC. IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF EVIL ENTERPRISES, INC. IT’S VENDORS AND ANY EVIL ENTERPRSIES, INC. ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
- (D) IN NO EVENT WILL EVIL ENTERPRISES, INC. OR ANY OTHER EVIL ENTERPRIESES, INC. ENTITY IS LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
You hereby agree to indemnify and hold EVIL ENTERPRISES, INC., its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys fees, expenses made by any third party due to relating to: (A) your use of the Website, the Services, Merchandise, tickets and all products purchased via the Website; or (B) any alleged breach of this Agreement by you.
10. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of The State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the State of New York will have exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. EVIL ENTERPRISES, INC. will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. EVIL ENTERPRISES, INC. In its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 6, 7, 8, 10, 11 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must NOT use the Website. EVIL ENTERPRISES, INC. may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them
If you do not agree with our policies or content on our website then it is your right to not visit.