Terms and Conditions of use of screampretty.com and subdomains
Overview
This website is operated by Scream Pretty Inc. Throughout the site the term 'Scream Pretty' or 'us' or 'we' or ‘our’ refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Scream Pretty's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of use by posting updates and changes to our website and we recommend that you periodically check for any updates. Your continued use of our website following any changes to these Terms constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you
The use of this website is subject to the following additional terms of use:
Accuracy of Information
- The content of the pages of this website is for your general information and use only. It is subject to change without notice and we reserve the right at any time to modify or discontinue any part of the service offered.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- We will take all reasonable care to ensure that all information displayed and communicated is accurate, however from time to time information may not always reflect the position at the exact moment you place an order.
- While we make every effort to ensure we display products as accurately as possible we cannot guarantee that the display monitor/screen on your browsing device will be accurate.
Intellectual Property and Right to use
- The Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Scream Pretty (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
- If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content. All trademarks reproduced in this website which are not the property of or licensed to us are acknowledged on the website.
Limitation of Liability
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- On rare occasions you acknowledge that information and materials displayed on our site may contain inaccuracies or errors, we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) or for any damage or loss caused by or in connection with any such third-party websites
DMCA Notice & Take-down Procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for Scream Pretty, Inc. for notice of claims of copyright infringement is DMCA Designated Agent who can be reached by e-mail to hello@screampretty.com
PLEASE NOTE: YOUR E-MAIL MUST HAVE THE FOLLOWING SUBJECT LINE: “DMCA NOTICE OF INFRINGEMENT”
Scream Pretty Arbitration Agreement
With the high cost of legal disputes, not only in dollars but also in time and energy, both you and Scream Pretty, Inc agree that any controversy, claim, action, or dispute in any way related to your use of the Scream Pretty website, any purchase from Scream Pretty, or to any products or services sold or distributed by Scream Pretty (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
Informal Dispute Resolution.
Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Scream Pretty at:
SCREAM PRETTY LEGAL DEPARTMENT
Scream Pretty Inc.
C/O Dyke Yaxley
1468 West 9th Street
Suite 100
Cleveland, OH 44113
or:
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Scream Pretty agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Scope of Arbitration Agreement.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Scream Pretty agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Scream Pretty expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.
Right to Bring Small Claims in Court.
Instead of arbitration, either you or Scream Pretty may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
How Arbitration Works.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Scream Pretty will reimburse those fees in an amount up to $10,000. Scream Pretty also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Waiver of Right to Bring Class Actions and Representative Claims.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Scream Pretty agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Scream Pretty hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of California. The terms of the Arbitration Agreement provisions shall survive after your relationship with Scream Pretty and/or use of our websites or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Your Privacy
- We take your privacy extremely seriously. The personal data we receive from you through this website in order to fulfil our contractual obligations to you and any other processing of your data is governed by our privacy policy
Company Information
Scream Pretty, Inc is registered in the state of Delaware. File Number 5760902
For any questions about the above terms please contact us at hello@screampretty.com
