TERMS OF SERVICE
Updated November 1, 2020
These terms and conditions are made between you and the Company that owns supernaturalmystery.com and its associated sites (collectively, the “Website”). Use of the Website includes all services offered, enabled, or made available whether now or later (the “Services”). Services include, for example, use of the Website’s ecommerce pages for purchasing products or subscriptions.
These terms and conditions form a legally binding agreement (“Terms of Service”) between you, or on behalf of the company you are authorized to represent (hereinafter “you”), and Supernatural Mystery (the “Company”). The term “parties” refers to You and the Company. The Terms of Services and the Privacy Policy (https://www.supernaturalmystery.com/privacy-policy) are referred to collectively as the “Terms of Service.”
By accessing the Website, you state that you are authorized by law to accept these Terms of Service, whether personally or as an authorized agent of the company you represent.
If you do not agree to these Terms of Service, we reserve the right to deny you access to this Website and its Services. If you have questions, you may contact us as provided herein. However, until you agree to these Terms of Service, you may not use or access this Website or any of its Services.
Your acceptance of the Terms of Service is effective when you access this Website and use any of the Services.
In connection with any dispute that exists or may arise out of your access to this Website and these Services, YOU EXPRESSLY WAIVE (1) YOUR RIGHT TO A JURY TRIAL AND (2) CLASS ACTION RIGHTS.
THESE TERMS OF SERVICE REQUIRE THE PARTIES TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, AS PROVIDED BELOW.
THESE TERMS OF SERVICE LIMIT THE REMEDIES THAT WOULD OTHERWISE BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Registration
Registering Your Account. Some Services require registration before you can access them. After registration, you will access Services through your account (“Account”).
Registration Data. When registering for Services, you must (1) provide true, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, current, and complete. You may not share an Account or its associated password with any other person or user. You are responsible and may be liable for all activities that occur in connection with your Account.
If the Company has reason to believe you have breached these Terms of Service or otherwise misused any part of the Website or its Services, including sharing your password with another user, providing false information, or otherwise placing the Website, Services, or any account, including your own, at risk of a security breach, the Company may suspend, terminate, and ban access to your Account and access to the Services. If banned, you may not create an Account or use the Services without express consent of the Company.
Username. The Company may remove or reclaim any username in its sole discretion.
You may not use any part of a copyright if such use would violate the copyright holder’s rights. You accept liability for any misuse of copyright and agree to indemnify the Company as provided herein.
Subscription Services
Subscriptions. By purchasing a subscription, YOU AGREE TO PAY AN INITIAL AND AUTOMATICALLY RECURRING PAYMENT AND ACCEPT ALL RECURRING CHARGES THAT ACCRUE. Subscriptions automatically renew. All subscriptions are prepaid.
Cancellation. You may cancel your subscription by giving notice as required under these Terms of Service. Effective cancellation requires notice at least three (3) business days before your subscription ends. Your cancellation becomes effective after the last day of the current subscription term. No prorated refunds are provided in connection with a cancellation.
Notice Before Cancellation. To cancel your account, you may either provide notice through your Account by updating your user settings, requesting cancellation through the site’s chat feature (usually located in the lower right hand corner of the site), or by emailing info@supernaturalmystery.com.
Payment Obligation for Renewal Period. If the Company does not receive payment for a renewal by the date of renewal, the Company may, in its sole discretion, (1) demand full payment, (2) charge any form of payment you have provided through your Account, and (3) terminate or suspend your subscription.
You hereby authorize the Company to charge any form of payment set up in your Account.
Orders and Shipping
Products The Company’s Products may include merchandise, special release boxes, subscription boxes, and additional content or accessories.
License and Use Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Intellectual Property The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Warranties and Liability We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Prices. The prices displayed for the Products on the Website or through the Services represent the applicable retail prices in U.S dollars. Prices do not include taxes, shipping or handling charges (if applicable). Applicable taxes or charges will be displayed by the Company BEFORE the order is placed. Prices on the shopping cart reflect the current price displayed on the Product’s details page. Prices in the final cart may differ from the prices when the Product was initially placed in your shopping cart.
Payment. When you submit an Order for either Products or Services, you agree to pay in advance the price of the Products, plus any applicable taxes, shipping and handling or other charges. You must make payment by credit card or any other method of payment the Company may make available to you. In order to make a payment, you must provide us or a third-party payment processor with valid credit card and other billing information. You authorize us (or any third-party payment service provider engaged by us) to charge your method of payment for all orders placed and accepted through the Services. The Company is not liable for any bank fees, overdraft fees, or other fees or obligations in connection with your payment obligations.
Order Confirmation. For all orders of Products or Services, the Company will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation does not mean acceptance of the order or an offer to sell.
Order Restrictions. The Company may refuse or limit any order placed through the Website. The Company may also, in its sole discretion, limit or cancel quantities purchased during any order, or by a single person, user, or household. The Company may suspend any order if in its sole discretion it determines an order has been made by a dealers, reseller, or distributor.
All Sales Final. All sales of Products and Services are final. The Company does accept returns or exchanges. All payments for Products and Services are nonrefundable
Refund. The Company will give notice at the email address provided if it cancels or changes your order. If the Company cancels your order, your payment will be refunded.
Shipment Confirmation and Delivery. Company will work with you to ensure proper shipment and delivery based on your order. The Company will confirm acceptance of your order by sending you an email. The Company will confirm the Products have been shipped. You may choose the method of shipment and timing of delivery for Products. You are responsible for the shipping and handling charges. In order to ensure proper delivery, you must keep your shipment and contact details updated with the Company. The Company will not be held liable for deliveries that are delayed due to events that are beyond the Company’s control, including incorrect shipping information.
Product Information. Limited quantities for some products means inventory is limited for that particular product and inventory may not be updated. The Company will use its best efforts to remove any out-of-stock in a timely manner. Please contact the Company at info@supernaturalmystery.com with questions regarding the availability of a Product.
Substitutions. Company makes every effort to accurately display the Products that appear on the Website. Ultimately, the Company reserves the right to substitute Products with items of equal or lesser value.
Ownership
Your Account. Notwithstanding anything to the contrary, you agree that all property interests in your Account are owned by and inure to the benefit of the Company.
User Content. You understand and acknowledge that any submission of an idea, suggestion, document, proposal, feedback, forum comment, discussion, or other information or content to the Company (“User Content”) or through the Services is made at your own risk. The Company has no obligation with respect to such User Content, including confidentiality. You may not submit User Content to which you have no rights. You assume all risk in the use of the Services.
Intellectual Property (IP). The Company and its licensors own all rights, title, and interest in the Services and Products including but not limited to, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation.
No Alteration to Company IP. You may not remove, alter, or obscure any copyright, trademark, service mark, or other Company or notices incorporated in or accompanying the Services or Products. Any such effort constitutes a material breach of these Terms of Service. If the Company in its sole discretion has reason to believe you have removed, altered, or obscured any of the aforementioned, it may suspend or terminate your account.
Company’s Rights to Your User Content. You hereby grant to the Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all User Content, and to sublicense the foregoing rights, in connection with the Services and Products.
General Prohibitions. The Services may not be used for any purpose that is unauthorized, unlawful, prohibited by these Terms of Services, or for use unrelated to the fulfillment of your duties under these Terms of Services. The following list of misuse is not exhaustive but is illustrative of prohibited use. As a user of a our Services, you may not:
- Publish, post, upload, distribute, disseminate or otherwise transmit any material or information that is inappropriate, vulgar, profane, obscene, indecent, harmful, hateful, threatening, abusive, racially, ethnically or otherwise objectionable, defamatory, libelous, unlawful or invasive of another’s privacy.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, including but not limited to, a government official.
- Collect or store personal data about other users. Publish, post, upload, distribute, disseminate or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, bulk email, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Publish, post, upload, distribute, disseminate or otherwise transmit files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or property of another.
- Publish, post, upload, distribute, disseminate or otherwise transmit any material or information that you do not have a right to transmit under any law or under contractual, employment or fiduciary relationships.
- Publish, post, upload, distribute, disseminate or otherwise transmit any images, photographs, software or other material or information that infringes any copyright, trademark, patent, trade secret or other proprietary right of another.
- Interfere with or disrupt the Services or the servers or networks connected to the Services or disobey any requirements, procedures, policies or regulations of the networks connected to the service, including without limitation, engaging in unauthorized computer or network trespass, obstructing or bypassing computer identification procedures or scanning or probing another computer.
- Damage, disable, overburden or impair any Services or any network connected to the Services or interfere with any other party’s use and enjoyment of the Services.
- Gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Services through hacking, password mining or any other means.
- Provide or attempt to provide access or use of the service, servers or system to any entity not previously authorized in writing by the Company. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
- Access or attempt to access the Services after termination or expiration of this Contract.
The Company may terminate your use of and access to the Services at its sole discretion if it suspects your violation of this section.
Audit. At its sole discretion, the Company may commence an audit of the Services to ascertain whether use of the Services complies with the Terms of Services. While the Company does not regularly investigate use of the Services, it may do so at any time.
Third-Party Services. The Services may contain links to third party websites (“Third Party Websites”) and third party advertisements (collectively, “Third Party Websites and Advertisements”). These third party websites are not under the control of the company. The company is not responsible for third party websites and advertisements. The Company permits third party websites and advertisements, but does not review, endorse, control, warrant or make any representations regarding any third party websites and advertisements, including products or services. You use all links on third party websites and in advertisements at your own risk. You should evaluate the applicable terms and policies, including the privacy and data collection practices, of any third party websites and conduct any investigation you deem necessary or appropriate before finalizing any transactions with a third party.
Indemnification. You agree to defend, indemnify and hold PrivacyPolicies.com harmless from and against any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from or related to your use the Website, Services or Products. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms of Services or your access to the Services.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ONLY USE THE SERVICES AND PRODUCTS (AND ANY CONTENT AVAILABLE THROUGH THE SERVICES) AT YOUR SOLE RISK. THE WEBSITE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NON-INFRINGEMENT.
LIABILITY LIMITATION. OUR CUMULATIVE LIABILITY TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN RELATION TO THESE TERMS, THE WEBSITE, THE SERVICES, THE PRODUCTS OR ANY CONTENT AVAILABLE THROUGH THE SERVICES, WILL NOT EXCEED $50 OR THE AMOUNT OF FEES PAID TO US BY YOU UNDER THESE TERMS DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY, WHICHEVER IS GREATER. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OR DAMAGE TO DATA, LOSS OF EXPECTED REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER ASSETS OR LOSS OF GOOD WILL. FORESEEABILITY OF HARM, POSSIBILITY OF DAMAGES, OR FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OF SERVICES DO NOT AFFECT THIS LIMITATION OF LIABILITY.
CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. THEY DO, HOWEVER, APPLY TO THE FULL EXTENT POSSIBLE UNDER FLORIDA LAW AND THE STATE IN WHICH A USER LIVES.
Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between you and us. The Company could not provide the Website or the Services economically without such limitations. This warranty disclaimer and limitation of liability inure to the benefit of the Company’s assignees.
Termination. These Terms of Service are effective as of the date you accept them (as provided in the preamble) and will continue until terminated as provided herein. We may immediately terminate these Terms of Service if you fail to comply with these Terms of Service or if we decide to cease making the Website or the Services generally available. Upon such termination, you must immediately stop using the Services and Products.
Digital Millennium Copyright Act (DMCA). If you are a copyright holder and believe that content on the Services violates your rights, you must send a DMCA notification to info@supernaturalmystery.com. For more information, including the information that must be included in a DMCA notification, see the text of the DMCA, 17 U.S.C. § 512.
Arbitration
Applicability of Arbitration. Excluding claims for injunctive or equitable relief, all claims and disputes arising under the Terms of Service must be settled through binding arbitration. This requirement includes all small claims that cannot be resolved in small claims court. Arbitration proceedings must be held in English and as provided in the Terms of Service.
Before either party may bring a claim or begin arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the claim or dispute and the requested relief. You must send Notice to the Company at info@supernaturalmystery.com.
Upon receiving Notice, the parties agree to undertake efforts to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice, either party may pursue arbitration.
You must provide a valid, current email address or your mailing address. If the email address you provide the Company is invalid at the time the Company sends notice, notice will be presumed received if the Company can provide proof of dispatch.
This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Rules of Arbitration. Arbitration must be initiated through an established alternative dispute resolution provider in South Florida, Broward County in accordance with the rules provided by the Florida Dispute Resolution Center at the Office of the State Courts Administrator. If the rules of arbitration conflict with the Terms of Service, the Terms of Service govern. Rules of arbitration are available at https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution. A single, neural arbitrator will conduct arbitration. Appearance is not required for claims or disputes where the amount in controversy is less than $10,000.00. If arbitration proceedings do not require appearance, arbitration will be conducted in the manner chosen by the party that initiated arbitration, whether by telephone, online, or through written submissions. If appearance is required, a hearing may be held in any place where the parties agree. Claims must be brought within the Florida statute of limitations. Each party will bear their own costs and pay an equal share of the neutral arbitrator. In proceedings, the arbitrator will have the authority of a civil court judge. After arbitration is decided, judgment may be rendered in any Florida court.
Waiver of Jury Trial; Waiver of Class and Consolidated Actions. THE PARTIES HEREBY WAIVE THEIR RIGHTS TO TRIAL AND JURY TRIAL. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE TERMS OF SERVICE MUST BE ARBITRATED BY AN INDIVIDUAL AND NOT WITH ANY OTHER CLAIMANT OR A PART OF A CLASS. Instead, the parties have decided to settle disputes that may arise under these Terms of Service through binding arbitration, which is a method of alternative dispute resolution.
Confidentiality of Arbitration Proceedings. Any claim, dispute, proceeding, or settlement under these Terms of Service, which is settled in connection with arbitration proceedings, must be kept strictly confidential from the time the dispute or claim is made. A breach of these confidentiality requirements may give rise to additional claims by the non-disclosing party.
General Provisions
Limitations Period. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE WEBSITE, OR THE SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. THE PARTIES AGREE THAT ANY CLAIM AFTER ONE (1) YEAR IS PERMANENTLY BARRED.
California 1542 Release. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Survival of Agreement. All waivers, arbitration requirements, limitation of liability, indemnification, and payment obligations survive the termination of these Terms of Service.
Assignment. The Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you. An attempted transfer in violation of the foregoing is null and void. The Company may assign, subcontract, delegate, or otherwise transfer its rights and obligations.
Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, pandemics, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Courts. In any circumstances where the parties need to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Broward County, Florida, for such purpose.
Governing Law. The Terms of Service and any action arising hereunder will be governed and interpreted under the laws of the State of Florida, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Waiver. Any waiver or failure to enforce any provision of the Terms of Service on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms of Service which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof to the maximum extent permitted by law.
Entire Agreement. The Terms of Service incorporate the Privacy Policy. Together these Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
Amendment. THE COMPANY MAY CHANGE THE TERMS OF SERVICE IN ITS SOLE DISCRETION AT ANY TIME. It is your sole responsibility to review the site for updates and changes. If you do not agree to any change after receiving a notice of such change(s), you must stop using the Services. Your continued use of the Website and Services constitutes your acceptance of such change.