Magick.me Terms and Conditions
Effective as of February 1, 2022
Acceptance of Terms and Conditions
Welcome to Magick.me (the “Site”), operated by Ultraculture Incorporated (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of the Site and any other sites, products, applications, features, content or promotions offered by us from time to time that link or otherwise refer to this Terms (each a “Service” and collectively, the “Services”), whether as a guest or a registered user.
NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY USING THE SERVICES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT.
The Services are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind and your use of the Services, including any information gained from the Services, is at your sole risk. The Services are offered for general information purposes only, and are not intended to be a substitute for any professional advice, including but not limited to, professional medical, legal or financial advice.
The Services are offered and available to consumers who are at least 18 years of age or an adult under Applicable Law in your jurisdiction of residence. By accessing and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. Unless otherwise specified on a Service, you may only register one account and may not transfer or share your account with any other person. Accounts registered by bots or otherwise automated means are not permitted. If you do not meet all of these requirements, you must not access or use the Services. Company reserves the right to monitor all activities on the Services, including without limitation, any effort to establish accounts in violation of these Terms and to deny access to anyone, including, without limitation, those users who use proxy servers and/or IP addresses residing in certain geographical areas. You must not be located in a country that is subject to a United States government embargo or designated as a terrorist-support country or otherwise restricted or prohibited for export to by Applicable Law.
Changes to the Terms and Services
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We may update the content on the Services from time to time, but content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including registered users.
Purchased Services shall be performed or made available within the timeframe specified on the Service or as communicated before order submission. Company reserves the sole right to reschedule any Services at any time and for any reason, without any requirement to give advance notice to user of doing so.
Access to the Services and Termination
When you create an account on the Services, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your log in information (e.g., user ID and password) accurate, secure, confidential and safe. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not select a user name that is offensive, vulgar or obscene. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You may not transfer your account to any other person. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Services and all content, products, designs, features and functionality (including, without limitation, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) contained therein, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company names and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use any such content or marks without the prior written permission of the Company.
These Terms permit you to use the Services for your personal, non-commercial use only. Unless expressly permitted on the Services, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services. If the Services permit you to embed, share or link to content on the Services, it is for your personal use only. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You must not access or use for any commercial purposes any part of the Services including any services or materials available through the Services. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services other than as expressly permitted by the Services or otherwise in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Except as otherwise expressly permitted in these Terms, you are prohibited from and may not copy, sell, re-sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute, or commercially exploit the Services; and Company reserves the right to pursue legal action against you in connection with any unauthorized use of any Service, or your violation of these Terms, whether at law or equity.
Live Participation and Recording
During live webinars, there may be opportunities for users to engage in live participation by asking questions and/or interacting, either via live video and/or audio, with instructors, guests, and/or other users. All webinars may be recorded, and all live interaction by users during webinars is considered a User Contribution (as defined below), and falls fully under the terms laid out in the User Contributions section. If other parties appear in the background video or audio of user's live interactions, user is required to request that they also read and agree to these Terms. Company reserves the right, but not obligation, to use all webinar footage and/or audio of user participation publicly or privately, as part of the Services, connected informational material, marketing or otherwise, in whatever way it sees fit, in accordance with the Terms described in the User Contributions section. Users are expected to conduct themselves politely and in good taste on webinars, and all user conduct during live webinars is to be fully in accordance with these Terms. What constitutes politeness and good taste shall solely be at the discretion of the Company.
Users acknowledge and accept that in order to use the Services, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Company assumes no responsibility for any failure to access the Services, partially or fully, whether due to the user’s system, the Internet network or any other cause. Unless otherwise stated, the Services are made available to users to view on the Site, which may be viewed on the desktop or mobile device(s) of user’s choosing, provided that user’s device(s) and Internet connection speed are sufficient to do so at a speed that is satisfactory to user. Company has taken great care and expense to ensure that its Services load and function as speedily as possible on as wide of a range of devices as possible. However, Company is not responsible or liable for user's device(s), for the speed and sufficiency of any public or private router, hotspots, local-area networks or WiFi networks user may be accessing a Service through, or for the policies or speed of their Internet service provider or for any Internet service or WiFi network, public or private, that the user may access or attempt to access a Service. Users are expected to verify that they have all required equipment and that the Site loads properly and satisfactorily before making any purchases of Services. Company will not be liable for nor be required to return funds due to inoperability of user’s device(s) and/or Internet connection due to technical issue or human error, or user's dissatisfaction with their experience of the Services due to any variable introduced by any aspect of their device(s) or Internet connection. User verifies that they understand that the Services may only be accessed over an Internet-connected device, which must remain connected to the Internet during the entire time user is accessing the Services.
While some downloadables, in the forms of handouts, course material, worksheets, or other materials, may be offered in connection with the Services, in order to deter piracy, the majority of content on the Services may not be downloaded by user for offline viewing or use. User verifies that they understand this and will need to remain connected to the Internet during the entire time user is accessing the Services. User requests to make any content on the Services downloadable for offline viewing or use will not be entertained.
The price of the Services, including subscription packages, are subject to change. Company reserves all rights to change prices at any time without the obligation to inform user. Users who have purchased a subscription package at a prior rates will still be charged the rate they purchased this package at, either monthly or yearly in accordance with the frequency of subscription charge they chose during purchase, provided they do not terminate their account. If user with a prior subscription rate terminates their account for any reason, the prior deal and price will not be re-offered to them should they choose to re-subscribe to Service, and Company is under no obligation whatsoever to do so.
All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund. If your payment method fails, we may collect fees owed or use other collection methods.
All cryptocurrency payments are fully covered by the entirety of these Terms, with the modification and addition of the following Terms:
- User assumes sole risk for all cryptocurrency payments.
- Company is not liable for any cryptocurrency funds lost by user due to improper entry of wallet addresses, paying too little in Transaction fees, loss or improper entry of password or recovery key, or any human error or technical issue relating to any wallet, third-party exchange or service, cold storage device, app or any other hardware or software used in the Transaction of funds by the user, or to user's operation of any wallet, third-party exchange or service, cold storage device, app or any other hardware or software used in the Transaction of funds by the user. Company will not provide user with access to any Service if cryptocurrency payment for said Service is lost during the process of Transaction or does not arrive in full within Company's wallet for any reason whatsoever.
- Company is not liable for any prior use of any cryptocurrency it receives from user or any other individual or entity who possessed all or part of any of that cryptocurrency payment at any time, either known now or later to be discovered by any party, public or private, domestic or international, using any method whatsoever to ascertain details relating to the blockchain of that cryptocurrency.
- If a cryptocurrency payment is left stuck on the blockchain (the Transaction is not confirmed by the network within a three hour period), due to user not paying high enough network fees, network congestion, or any other reason, payment will not be considered received for purchased Services, and user will not acquire any rights to use the purchased Services. Company will wait until such future time at which Transaction is successfully and fully verified by the network, at which point it is at Company's sole discretion whether to then grant user rights to use the purchased Services, or to return any part of user's cryptocurrency at cost to user. Upon successful completion of Transaction by the network, if value of transacted cryptocurrency is less than when user initiated the Transaction, Company withholds the right to request additional funds before granting user the right to use the purchased Services. Upon successful completion of Transaction by the network, if value of cryptocurrency is higher than when user initiated the Transaction, user may be granted rights to use the purchased Services, but Company bears no obligation whatsoever to return any part of the transacted cryptocurrency or to credit any part of its value towards any other Service, user's account or any other user account. It is user’s responsibility to notify Company via e-mail at the support address provided in this document when Transaction clears. Company is not responsible for any funds lost by user due to Transaction becoming stuck on the blockchain for any reason.
- Subscription and installment plans on Services are not and will never be offered for purchase with cryptocurrency.
- No discounts will be offered for cryptocurrency payments, and user requests to do so will not be entertained.
- Unless required by applicable law, no refunds or money-back guarantees will be offered on any Services purchased with cryptocurrency.
Subscriptions; Auto-Renewal; Cancellation
Subscriptions purchased are auto-renewed at the end of the Subscription term and will continue until canceled by either you or Company. Renewal prices are subject to change. In the event that Company is unable to process your payment method (when applicable) for a payment or renewal, we reserve the right to terminate your access without prior notice. Company may terminate, or change a Service at any time. Open-ended subscriptions may be terminated at any time either by the user in the logged-in section of their account, or by sending a clear and unambiguous termination notice to the Company, in writing, to our official support e-mail address at [email protected] Contacting Company through any other contact page, social media account, email, or number with a cancellation request will not be deemed notice to Company of such request. Terminations shall take effect within 72 hours after the notice of termination has been received by the Company. Company does not pro-rate or offer refunds for unused time on any monthly, yearly or lifetime subscription plan, or for remaining payments in a installment plan.
Discontinued subscription packages
Prior to January 1, 2020, Company offered a “lifetime” subscription package. This offering has been discontinued, although users who purchased it prior to that date may maintain access to it, provided they do not terminate their account or their account is not terminated by Company due to breach of these Terms or any other reason. If a user with a lifetime subscription terminates their account or has their account terminated for any reason, the lifetime deal and price will not be re-offered to them, and Company is under no obligation whatsoever to do so. No refunds are offered for this package under any circumstances. The lifetime package consists of all Magick.me courses offered as part of the “Start Learning Magick” package, consisting of individual courses that cost under $150 USD if purchased separately, in addition to multiple, specific add-on courses as defined below. The courses specifically defined as part of the lifetime package are: "Introduction to Chaos Magick," "Magick & Mysticism of Buddhism," "The 7-Day Magick Supercharger," "Hardcore Meditation: The 8 Limbs of Raja Yoga," "Entering the Enochian Universe," "Magick Without Tears: Office Hours," "Advanced Chaos Magick," "Magick and Art: Sacred Techniques, Sacred Quest," "Master the Tarot," "Unlock Your True Will," "Achieve Peak Mental and Physical Energy," "Introduction to Banishing Rituals," "Introduction to Astral Projection," "Master the I Ching," "Practical Psychic Protection," "Introduction to Lucid Dreaming," "Psychedelic Ritual Magick," "The Magician's Workshop." Future individual courses offered at under $150 USD if purchased separately may be included in pre-existing Lifetime packages at Company’s sole discretion. Any discontinued subscriptions no longer offered for sale, either publicly or privately, remain fully bound by these Terms.
Trials; Promotions; Coupons
If you sign up for a trial or introductory offer to a Service (collectively, a “Trial”), your Trial will automatically convert into a continuous, regularly priced paid Subscription at the end of the Trial period unless a cancellation request is received prior to the end of the specified offer period as further set forth below. Such regular Subscriptions will auto-renew unless otherwise stated in the offer that you accepted. If at the discretion of Company, Company makes special or introductory offers, promotions or send invitations to participate in a Trial that does not automatically convert into a full-priced paid Subscription and does not require cancellation before the end of said Trial, such offer will include specific language to this effect. Offers, Coupons and other discounts are always granted at the Company’s sole discretion.
Unless otherwise stated, these rules apply to the use of any coupons offered in connection with the Services (each a “Coupon”):
- Each Coupon is only valid when used in the manner and within the timeframe specified on the Services and/or connected informational material provided by Company and/or the Coupon.
- A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted.
- Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases.
- A Coupon cannot be applied cumulatively.
- The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the user to claim the relevant rights, including cash-out.
- The user is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value.
- The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
No Reliance on Information Posted
The information presented on or via the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We expressly disclaim any and all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of the information, content or any other material in connection with the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, materials or content available via the Services. The relationship between you and the Services is not a physician-patient, psychotherapist-patient, attorney-client, priest-penitent, relationship, or any similar relationship. Information from the Services is not intended to be a substitute for any professional advice, including, but not limited to, medical or mental health advice, diagnosis, or treatment, financial, accounting or investment advice or guidance, or legal advice. The content accessed via the Services is not intended to be the practice of medicine, including, but not limited to, psychology, psychiatry, or psychotherapy, or providing health care or nutrition advice or instruction for diagnosis or treatment. Never disregard or delay seeking professional medical advice, mental health advice, financial advice, legal advice or other professional advice because of any information received through the Services.
The Services may include content provided by third parties, including, but not limited to, any materials provided by other lecturers, other users, and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Company and, irrespective of whether or not such materials are available via the Services, we do not endorse any such third-party materials and we are not responsible or liable, to you or to any third party, for any content or the accuracy of any materials provided by any third parties or any actions of such third parties.
If you are not satisfied with a purchase, Without prejudice to any applicable statutory rights, the Company grants users, in limited conditions, the right to cancel certain purchases they may be unsatisfied with, and to obtain a refund, subject to the following terms and conditions in accordance with our refund policy available at https://www.magick.me/p/contact. Consumers residing in certain jurisdictions may also be eligible to withdraw from /cancel this contract within a certain period.
Refund requests must be made in writing to our official support e-mail address at [email protected] within the first 30 days after initial purchase. Contacting Company through any other contact page, social media account, e-mail, or number with a refund request will not be deemed notice to Company of such request. User shall be responsible for all cost of collection including reasonable attorney fees. After 30 days have passed, no refunds will be offered, regardless of whether any part of any Service was viewed or not. For purchases made on an installment plan, initial purchase is defined as the date of the first installment payment only. A statement of an intention to withdraw must be submitted to our official support e-mail address at [email protected] Contacting Company through any other contact page, social media account, email, or number with a cancellation request will not be deemed statement to Company of such intention to withdraw.
Refunds are processed by third-party providers (e.g., Stripe, Paypal and/or your credit card company and bank). These systems usually return money to user accounts quickly. However, as we are not in control of this process, we cannot directly comment on times needed for money to transfer back into an account. No refunds will be offered in the event of the user's termination due to violation of these Terms, in letter or spirit. Other than as required by Applicable Law, no refunds will be offered on any Services purchased with cryptocurrency. No refunds will be offered, under any circumstances whatsoever, on any prior lifetime subscription that user has already viewed more than six units within, or that was not purchased within the 30 days directly prior to any request to do so, as was explicitly agreed to by all purchasers of Lifetime package, by way of agreement with Terms, at time of purchase. No requests for refunds that fall under any of these exceptions will be entertained by Company.
For subscription packages (e.g., “Start Learning Magick”), you may request a refund if the subscription does not meet your satisfaction. This includes Monthly, Yearly and Lifetime packages. This refund request must be made in writing to our official support e-mail address at [email protected] BEFORE watching your seventh unit of any course included in the subscription package, and within the first 30 days after initial purchase. A unit is defined as any individual video or audio segment of each course. This includes both pre-recorded video and audio units, as well as live webinar sessions offered through third-party video or audio conferencing providers. Opening any Webinar Entry section counts as having watched a full unit. Please note that this refund policy applies only to new subscriptions, so that the user may try Services and see if a Service meets their needs. No refunds are offered for any additional months of the subscription, nor are they ever offered retroactively for any prior monthly, yearly or lifetime charges that fall outside of the scope of the subscription refund policy. Users can cancel at any time, but Company does not pro-rate or offer refunds for unused time on any monthly, yearly or lifetime subscription plan.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- To violate any Applicable Law.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
- For the purpose of exploiting, harming or attempting to exploit or harm any person in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- To use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring, scraping or copying any of the material on the Services.
- To reproduce, print, copy, store, or distributing content or other material retrieved from the Services or for any other unauthorized purpose without our prior written consent.
- To use any device, software or routine that interferes with the proper working of the Services.
- To access the Services by any means other than through the interface that is provided by Company;
- To claim or infer that the Services has influenced you to violate any Applicable Law, whether or not intentionally;
- To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Services.
The Services may contain the ability to post content or messages, chat, participate in discussions (including, by video, audio and/or written means) or otherwise communicate with other users, including, without limitation, live discussions, chat functionality, personal web pages or profiles, forums and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. Any user Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including, without limitation, commercial and promotional purposes. You represent and warrant that: (a)You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and (b) You will not post any content or materials that:
- Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Promotes any illegal activity, or advocate, promote or assist any unlawful act.
- Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, harass, alarm or annoy any other person.
- Impersonates any person, or misrepresent your identity or affiliation with any person or organization or is otherwise intended or likely to deceive any person.
- Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Monitoring and Enforcement
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend or terminate a user’s access to and use of the Service if a user is found to be a repeat infringer.
If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act: (i) provide your physical or electronic signature; (ii) identify the copyright work that you believe is being infringed; (iii) identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website; (iv) provide us a way to contact you, such as your address, phone number or email address; (v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and (vi) provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
Company’s Copyright Agent: [email protected] 5900 Balcones Drive, Suite 400, Austin, TX 78731
Information About You and Your Visits to the Services
Additional Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Company sometimes gives select users, at Company’s sole discretion, the opportunity to receive advantages if, as a result of their recommendation, any new user purchases a Service. In order to take advantage of affiliate offers, select users may invite others to purchase a Service by sending them an affiliate code provided by the Company. If upon purchase of a Service any of the persons invited redeems an affiliate code, the inviting user shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade, a percentage of the sale, etc.) specified by Company. Affiliate codes may be limited to specific Services. The Company reserves the right to end any affiliate offer or arrangement at any time at its own discretion. The amount of advantage or benefit that each inviting user can receive may be limited at Company’s sole discretion. If any affiliate offers or codes contain Coupons, as described in the Coupons section above, these affiliate offers, codes and agreements are of course automatically subject to that section of the Terms. Users selected at Company's discretion to engage in Company's affiliate program may be subject to further Terms upon agreement of affiliation. No user explicitly, in writing by Company, granted the right to offer affiliate codes or represent themselves as doing so may do so.
Social Media Features
If the Services provide certain social media features, for example, that enable you to display/embed, link to or share certain content, you may use these features solely as they are provided by us, solely with respect to the content they are displayed with, for your personal, non-commercial use and otherwise in accordance with the third party service’s terms.
Links from the Services
If the Services contain links to other services provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party services, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such third-party services.
The owner of the Services is based in the United States. Other than as expressly stated on the Services, we make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION.
COMPANY RESERVES THE RIGHT TO AT ANY TIME MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ONE OF THE SERVICES, IN WHOLE OR PART. USER AGREES THAT COMPANY IS NOT LIABLE TO USER OR ANY THIRD PARTY FOR ANY SUCH MODIFICATIONS, SUSPENSION, OR TERMINATION OF ANY OR ALL SERVICES. NOTHING IN THESE TERMS SHALL BE CONSTRUED TO OBLIGATE US TO MAINTAIN AND/OR SUPPORT ANY OF THE SERVICES, IN WHOLE OR PART, DURING THE TERM OF THESE TERMS OR THEREAFTER.
Limitation on Liability
BY USING THE SERVICES YOU AGREE THAT THE COMPANY, ITS AFFILIATES, RELATED PARTIES, ITS ADVERTISERS OR SPONSORS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, RELATED PARTIES, ITS ADVERTISERS OR SPONSORS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, related parties, advertisers and sponsors, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services including, but not limited to, your User Contributions, any use of the Services’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
1. Company, including its affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute (as defined below) between you and Company, regarding any aspect of your relationship with Company, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and Company agrees to give up the right to sue in court. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any and all claims between you and Company in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms (including their applicability and their conformance to applicable law), any products or services provided by Company, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement are that (a) each of you and Company retains the right to sue in small claims court and (b) each of you and Company may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator. Each of you and Company also agrees to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company (see paragraph 6 below). There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow these Terms. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages). This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of these Terms.
2. Any arbitration between you and Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this Arbitration Agreement. The arbitration shall be conducted by a single, neutral arbitrator, and if you and Company cannot agree on who that single arbitrator will be, the arbitrator will be appointed pursuant to the JAMS Rules, with the participation and involvement of Company and you pursuant to JAMS Rule 12. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. The Consumer Arbitration Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. The arbitrator is bound by the terms of these Terms. If either you or Company wants to arbitrate a claim, you or Company must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Arbitration Notice of Dispute, 5900 Balcones Drive, Suite 400, Austin, TX 78731. The Company will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. In addition to filing this Demand for Arbitration with JAMS in accordance with its rules and procedures, you must send a copy of this completed Demand for Arbitration to the Company at the address listed above to which you sent your Notice of Dispute.
3. You and the Company acknowledge and agree to abide by the following rules for arbitration: (a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF; (b) the Company will pay arbitration costs as required by the JAMS Consumer Arbitration Minimum Standards and consistent with paragraph 6 below; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees, except as otherwise provided in paragraph 5 below. JAMS charges filing and other fees to conduct arbitrations. Ordinarily, the claimant has to pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against Company, you and the Company acknowledge and agree to abide by the following: (a) If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), Company will pay the filing fee on your behalf or reimburse your payment of it; (b) If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by JAMS, but Company will reimburse the filing fee if you prevail on all claims decided upon by the arbitrator; (c) Company and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a telephonic or in-person hearing. Company will not request a hearing for any claims totaling less than $10,000. This provision shall not be construed by the arbitrator to deprive you of any rights you may have to a telephonic or in-person hearing in your hometown area pursuant to the JAMS Rules; and (d) Company and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration will occur in a manner and place consistent with the JAMS Rules.
4. Regardless of how the arbitration proceeds, each of you and Company shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
5. Each of you and Company may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be determined by the applicable law(s). In addition to whatever rights you may have to recover your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Company failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than Company’s highest settlement offer, then Company will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If Company wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Company expressly agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
7. You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
8. With the exception of subpart (a) in paragraph (3) (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in paragraph (3) is found invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, but the rest of these Terms, including the provisions governing where actions against Company must be pursued, the choice of governing law, and our mutual waiver of the right to a trial by jury, will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.
If user is a legal citizen of the European Union, Norway, Iceland, Liechtenstein or France, alternative venues for arbitration may apply, as follows:
European Union, Norway, Iceland or Liechtenstein: Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
Within one year of submitting a written complaint to the Company regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before any mediation body approved by the French Government. The relevant list is available at the following link.
Germany: Dispute resolution procedure with Consumer conciliation boards
The Company does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.
Governing Law; Jurisdiction
Use of the Services, including, without limitation, any purchases made through the Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Services, these Terms and/or products purchased through Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to Company or the Services must be commenced within one (1) year after the claim or cause of action arose. Jurisdiction and venue for any dispute shall be in Austin, Texas. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Class Action Waiver
BOTH YOU AND COMPANY WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR PURCHASES THROUGH THE SERVICES AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise expressly provided herein, if any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
All questions, feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected] or Ultraculture Incorporated, 5900 Balcones Drive Suite 400, Austin, TX 78731.
Company welcomes all feedback, ideas and suggestions from our users regarding our Services. You understand and agree that Company does not waive any rights to use similar and/or related feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other users. Further, by submitting any feedback, you grant Company the right to use the feedback without any restrictions on the use of such Feedback or any compensation to you.
Thank you for visiting the Services.