Terms and Conditions

Terms and Conditions

Terms and Conditions

Please read this agreement carefully

Thank you for visiting Box of Dread, a monthly subscription box service (“Box of Dread”, “Service”) owned and operated by Dread Central Media, LLC (“Dread Central”, “we”, “us”, “our”). By using or accessing the website located at http://www.boxofdread.com (the “Site”), you acknowledge that you have read, understood, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. We reserve the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to review the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.

Use of the Site

We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloads from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without our express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of any spokespersons found on the Site.

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to have the authorization to access and use the Site in a manner consistent with these terms and we have no obligation to investigate the authorization or source of such access of use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSTIONS AND ALL OBLICATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification of any other breach or threatened breach of this Site’s security.

Registration and Membership

The Service will ship to your address every month that you are a paying subscriber, as long as your subscription membership is current and not in default. You may receive emails regarding your account or promotions for special offers, including third party offers. You may change your email preferences at any time in your account settings. You can cancel your subscription membership anytime without charge by contacting our customer service team. Please refer to the FAQ’s for further details.

Billing and Payments

As subscription member, you agree to the following benefits and Terms:

You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and payment services such as, but not limited to, credit/debit card number or PayPal account. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issues bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then we may terminate our Service to you.

When you order the Service, you agree to pay the applicable Service fee listed of the Site. We will automatically bill your payment service (PayPal, credit card, etc) submitted in ordering the Service on the date the Service is activated, and each month thereafter, until you cancel your Service. If you choose to cancel your service, you must notify our customer service team at least 5 days before the current month’s closing date in order for any unused payment to be refunded, if your payment for the current month has been deducted already. Please refer to the FAQ’s for contact details. This process applies to both monthly and multi-term subscriptions.

Local Taxes

You may be charged local sales tax, if applicable

Risk of Loss

A third party carrier will ship any items purchased from our Site. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to carrier.

Copyright/Trademark Information

The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Dread Central and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Dread Central or Box of Dread. Copyright 2013 Dread Central Media, LLC, All rights reserved. We do not investigate to determine if such works are not accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate. Dread Central respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at http://www.boxofdread.com/contact.

All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

User Generated Content

By sharing, submitting and uploading any of your date including but not limited to photographs, images, video, music, art, or comments, you grant us a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, prepare derivate works of, display and perform your user data in any legal manner for the benefit of Dread Central and Box of Dread. You acknowledge and agree that you are solely responsible for all the user data that you make available through Dread Central and Box of Dread. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Dread Central and Box of Dread the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Dread Central’s and Box of Dread’s use of your uploaded data (or any portion thereof) on, through or by the means of Dread Central or Box of Dread will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy resulted in the violation of any applicable law or regulation.

Warranty disclaimer

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE, BOX OF DREAD, ITS SPOKESPERSONS AND OUR SUPPLIERS BE LIABLE TO YOU  OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU PAID TO DREAD CENTRAL AND BOX OF DREAD IN CONNECTION WITH YOUR BOX OF DREAD SUBSCRIPTION MEMBERSHIP.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

We do not assume any liability on injury or damage caused by products shipped to you by the Service. That is the sole responsibility of the products’ brand or manufacturer.

Term and Termination

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. we shall have the right to refuse or cancel any such orders for our products and Service whether or not the order has been confirmed and your payment service charged. If your payment service has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your payment service account in the amount of the charge.

The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.

Notice

We may delivery notice to you by means of e-mail, a general notice on this Site, or by other reliable methods.

Use of Site

Use of the Site for any illegal or unauthorized purpose is strictly prohibited.

Indemnification

You agree to indemnify and hold Dread Central (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your (or any other person accessing the Site using your Internet account) use of the Site or Service, (b) your user content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without our prior written consent.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Sites and Ads

The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”).  Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads.  We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads.  You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

Miscellaneous

Your use of the Site is governed in all respects by the laws of the state of California, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and the Service must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

These Terms constitute the entire agreement between you and Dread Central with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign its rights and duties under this Agreement to any party at any time without notice to you.

These Terms constitute the entire agreement between you and Dread Central with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign its rights and duties under this Agreement to any party at any time without notice to you.

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