Terms of Service

Terms of Service

Welcome to The ScaryToga Project. If you continue to browse, use this website, purchase products, and/or register for any services or products on this website or any of The ScaryToga Project’s subsidiaries, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The ScaryToga Project’s relationship with you in regards to this website and the relationship with any and all of it’s subsidiaries. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘The ScaryToga Project‘ or ‘ScaryToga.com‘ or ‘us‘ or ‘we‘ or ‘subsidiaries‘ refers to the owner of the website whose registered office is located at 29 Turner Place in Albany, NY.

The terms ‘you‘ or ‘your’ refers to the user, registrant, and/or viewer of our website.

TERMS AND CONDITIONS OF USE

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

1. MINORS.

We do not provide services or sell products to minors or children. Furthermore, the content provided on ScaryToga.com and all subsidiaries of The ScaryToga Project should be considered for mature audiences only. Please see section #8 of this document for more information on the potential nature of the content viewable on any of The ScaryToga Project’s websites, subsidiaries, social media platforms, and/or other media outlets.

If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian.

If you are a minor, please do not provide us or any other website visitors with any personal information.

2. PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our privacy policy is part of, and subject to, these terms and conditions of use.

3. ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our anti-Spam policy is part of, and subject to, these terms and conditions of use.

4. MODIFICATIONS AND TERMINATIONS.

We reserve the right to change and/or modify these terms and conditions of use at anytime. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website home page of the changes that have been made. If you disagree with the changes that have been made, you should discontinue use of our website(s) and all products and services.

We reserve the right to terminate this agreement at any time if you engage in any of the following while using The ScaryToga Project, ScaryToga.com, Directory.ScaryToga.com, it’s other subsidiaries, social media platforms, and/or other media outlets:

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to The ScaryToga Project; and the violation of the rights of The ScaryToga Project or any third party.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to our reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by submitting an email to info@scarytoga.com, and providing us with information relating to your concern.

5. LICENSEE STATUS.

You understand and agree that your use of our website as a registrant is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

6. CONTENT OWNERSHIP.

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. For more information, please read our Copyright Disclosure.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by submitting an email to info@scarytoga.com.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by submitting an email to info@scarytoga.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership, and the exact location on our website.

Copyright of original content posted or published on The ScaryToga Project, ScaryToga.com, Directory.ScaryToga.com, it’s other subsidiaries, social media platforms, and other media outlets is retained by the author/creator, however, we reserve the right to use any and all photographs, or video or audio or digital recordings, taken by The ScaryToga Project, or its agents or employees, or submitted by you to us (hereinafter “content”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of The ScaryToga Project or any product or service sold and marketed by The ScaryToga Project.

You agree that this authorization to use afore mentioned content may be assigned by us to any other party. You agree that that the content may be combined with other media, sounds, text and graphics, and that the content may be manipulated, cropped, altered or modified in our sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against The ScaryToga Project in exchange for this release and assignment. You hereby release and forever discharge The ScaryToga Project from any and all liability and from any damages you may suffer as a result of the use of the content. You further acknowledge and agree that this release is binding upon your heirs and assigns. You agree that this release is irrevocable.

7. FURTHER DISCLAIMERS AND LIMITATIONS OF LIABILITY.

The information on our website is provided on an as is and available basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

We are not responsible for content posted by our users, third-parties, or individuals not associated with The ScaryToga Project, ScaryToga.com, Directory.ScaryToga.com, other subsidiaries, social media platforms, and other media outlets. We will monitor and moderate third party content to the best of our ability, and remove content that we deem inappropriate and/or illegal.  See sections 8, 9 and 10 for more information.

Our total liability for any claim arising out of or relating to our website or products shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

8. OBSCENE AND OFFENSIVE CONTENT.

The ScaryToga Project, ScaryToga.com, Directory.ScaryToga.com, and all connected websites, social media platforms, and media outlets provide content, information, and entertainment surrounding the paranormal. This content should be considered for mature audiences only and parental guidance is strongly advised.

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by submitting an email to info@scarytoga.com so that we can investigate the matter.

Although we are not obligated to do so, we reserve the right to monitor, investigate, and/or remove obscene or offensive material posted to our website at our sole discretion and terminate any accounts without notice to you. See section 4 for more information.

9. INDEMNIFICATION.

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney fees, arising from your use of our website or your violation of these terms and conditions.

10. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.

You agree to obey all applicable laws while using our website.

You agree that the laws of New York govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association arbitration rules as indicated by your relationship with us and outlined below:

  1. Consumer Relationship with the ScaryToga Project or any of it’s subsidiaries – Consumer Arbitration Rules
  2. Commercial Relationship with the ScaryToga Project or any of it’s subsidiaries – Commercial Arbitration Rules and Mediation Procedures

All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in the state of New York. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

Any illegal activity perpetrated while using our website, including but not limited to, written content, images, messages, hacking or other destructive activities on The ScaryToga Project, ScaryToga.com, Directory.ScaryToga.com, all connected websites, social media platforms, and/or media outlets will be removed and/or mitigated as soon as possible upon discovery. Incidents will be investigated thoroughly and appropriate actions will be taken. If it is determined that you, or someone using your account, engages in illegal activity any accounts with us may be terminated.

11. SEVERABILITY OF THESE TERMS AND CONDITIONS.

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

12. PRODUCT REFUND POLICY.

Unless otherwise indicated at point of sale and/or point of checkout, products come with a 60 day refund policy from moment of purchase. This 60 day policy does not include subscription based or membership products. Where applicable, you may request a refund at ecommerce@scarytoga.com. Please allow up to 48 hours for processing. You may also be offered a product exchange as part of our ongoing pursuit of great customer service. Memberships, subscriptions, and eCourses do not inherently come with a refund policy due to the nature of these products. For details, please see item #13 on this page.

13. MEMBERSHIP, ECOURSES, AND SUBSCRIPTION PRODUCTS

Memberships, eCourses and/or Subscriptions for The ScaryToga Project, ScaryToga.com, Directory.ScaryToga.com, and all connected websites, social media platforms, and media outlets, as well as other monthly services are non-refundable. You may cancel your subscription at any time by opening a emailing us at info@scarytoga.com at least 5 business days prior to your next bill date. We are not responsible for cancellation requests that are received late. You may also cancel your subscription from your PayPal account (where applicable) at any time or within your various account pages for said services. If you request a cancellation, you will have access to your purchases until the next billing cycle is completed, and you will not be charged in the next cycle. Contact us immediately if you need assistance.

14. HOW TO CONTACT US.

Any questions or concerns about these terms and conditions of use should be brought to our attention by emailing us at info@scarytoga.com, and providing us with information regarding your concern. Support is offered between the hours of 9:00am and 5:00pm Eastern Time, Monday through Friday, excluding national bank holidays. Please not that we may take up to 48 hours to respond to your request, but typically respond within 24 hours.

You may also mail your concerns to us at the following address:

The ScaryToga Project
29 Turner Place
Albany, NY 12209

15. ENTIRE AGREEMENT.

These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website and/or any of it’s subsidiaries. These terms and conditions were last updated on May 30, 2016.