Table of Contents
Welcome to Wiccanbrew! Before accessing or viewing our website, you must read and agree to these Terms and Conditions. Please take the time to familiarize yourself with this Agreement, as it may be amended or changed without prior notice. Your continued use of the site constitutes your agreement to any changes posted here. We encourage you to bookmark this page and check it frequently for any updates.
1. Eligibility
To use this site and purchase any of our products, you must be at least 18 years of age (or 21 years of age if you are in AL, MS, NE, WY, or any other location where 18 is not the age of majority). By using and/or viewing this website, you agree that you have the legal right and capacity to enter into this agreement and abide by all its terms. The website contains visual images, verbal descriptions, and audio sounds that may be inappropriate for people who are offended by such materials or do not wish to be exposed to them. If you do not fit the description above or if you find these materials offensive, please do not access or view the website.
2. Termination
Wiccanbrew reserves the right to terminate your access to the site for any reason, with or without prior notice. This right is absolute and at our sole discretion. We may send you notice of termination at the email address you have provided, or at any other email address that you may provide in the future.
3. Non-Commercial Use by Members/Viewers
Our site is intended for viewers’ personal use only and must not be used for any commercial activities. Using the site to send unsolicited commercial emails or advertisements, using personal information for commercial purposes and other unauthorized activities are strictly prohibited. Any illegal or unauthorized use of this site may be investigated, and appropriate legal action will be taken – including civil, criminal or injunctive redress – at Wiccanbrew’s sole discretion. We reserve the right to take reasonable steps to prevent the sending of unsolicited emails or chat messages.
4. Proprietary Rights of Content on Wiccanbrew
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Wiccanbrew and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Wiccanbrew or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Wiccanbrew will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Wiccanbrew owns and retains all proprietary rights in the Wiccanbrew site and the Wiccanbrew services. The site contains copyrighted material, trademarks, and other proprietary information of Wiccanbrew and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, including, but not limited to, the guest book, Hope Lounge, FAQs area, product names and product descriptions, emails and email responses, instructions, logos, trademarks, copyrights, pictures and all downloadable products (.pdf files and mp3 files).
You should assume that everything you see or read on the Site is copyrighted or trademarked and, unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Wiccanbrew. Wiccanbrew neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Wiccanbrew.
Wiccanbrew will protect its Intellectual Property to the fullest extent of the law and will aggressively prosecute all infringers of its Trademarks and Copyrights.
Violation of the Trademark law, Trademark infringement, a violation under section 1125 (a) or (d) of title 15 of the US Code, or a willful violation under section 1125 (c) of the US Code may result in the recovery of
(1) the Violator’s profits,
(2) any damages sustained by Wiccanbrew, and
(3) the costs of the action. The court shall may asses such profits and damages or cause the same to be assessed under its direction.
In assessing the damages, a court may enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney’s fees, in the case of any violation of section 1114 (1)(a) of this title 15 of the US Code that consists of intentionally using a mark or designation, knowing such mark or designation is a counterfeit mark (as defined in section 1116 (d) of this title 15 of the US Code), in connection with the sale, offering for sale, or distribution of goods or services. In such cases, the court may, at its discretion, award prejudgment interest on such an amount.
In a case involving the use of a counterfeit, in connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover instead of actual damages and profits an award of statutory damages for any such use in connection with the sale, offering for sale, or distribution of goods or services in the amount of—
(1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or
(2) if the court finds that the use of the counterfeit mark was willful, not more than $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just.
If someone copies anything on the Wiccanbrew site, Wiccanbrew will prosecute them to the fullest extent of the law under the Copyright Law. Violation of the Copyright law, Copyright infringement, under US Code, Title 17, section 504, an infringer of copyright is liable for either:
(1) the copyright owner’s actual damages and any additional profits of the infringer, or
(2) statutory damages.
Actual Damages and Profits: The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
(c) Statutory Damages. — the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court, in its discretion, may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court, in its discretion, may reduce the award of statutory damages to a sum of not less than $200.
5. Content Posted on the Site
A) Wiccanbrew claims immunity from liability to the fullest extent under the law and as provided under the law for all content on the Site, including, but not limited to, content provided by third parties and viewers, and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Wiccanbrew may delete any content, messages, photos or profiles (collectively, “Content”) that, in the sole judgment, Wiccanbrew violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Wiccanbrew and/or its members.
B) You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Wiccanbrew site or transmit to Wiccanbrew Viewers.
C) By posting content to any public area of Wiccanbrew, you automatically grant, and you represent and warrant that you have the right to grant, to Wiccanbrew and its Viewers an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to Wiccanbrew, if you provide Wiccanbrew with your email address via a registration process or post it on Wiccanbrew, you thereby authorize Wiccanbrew and its affiliates and any entities that Wiccanbrew becomes involved with or merge with the right to use and/or sell your valid email address for any marketing programs or communications with you.
D) Wiccanbrew will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the site or service. The following is a partial list of the kind of content that is illegal or prohibited on the site – it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of “junk mail”, “chain letters,” or unsolicited commercial e-mail or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or beastiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Wiccanbrew site in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, another automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to bypass or interfere or attempt to interfere with the proper working of the Wiccanbrew site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or licensed to Wiccanbrew by our users or third parties.
G) You may not engage in advertising to or solicitation of other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk emails to other Wiccanbrew viewers. Although Wiccanbrew cannot monitor the conduct of its viewers off the Wiccanbrew site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
H) While Wiccanbrew uses reasonable efforts to include accurate and up-to-date information on the Site, Wiccanbrew makes no warranties or representations as to its accuracy. Wiccanbrew assumes no liability or responsibility for any errors or omissions in the content of the Site.
6. Copyright Policy/DMCA Notice
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise having a valid basis under the law, including “fair use”. Without limiting the foregoing, if you believe that your work has been copied and posted on the Wiccanbrew site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; 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; 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. Wiccanbrew’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
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General Counsel, Wiccanbrew
[email protected]
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It is the intention of Wiccanbrew to fully comply with the DMCA, including the Notice and “take down” provisions, and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law and to the extent the Notice and “take down” requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
7. Disputes
Wiccanbrew does not control the information provided by other users that are made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Wiccanbrew users. Because Wiccanbrew is not involved in user interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the Wiccanbrew site, you release Wiccanbrew, including its officers, directors, agents, subsidiaries, and employees, from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Wiccanbrew reserves the right but has no obligation to monitor disputes between you and other members.
8. Privacy
Use of the Wiccanbrew site and/or its service is governed by our Privacy Policy, which may change from time to time.
9. Disclaimers
Wiccanbrew, including its officers, directors, agents, subsidiaries, and employees, is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Wiccanbrew service, whether caused by users, members, or by any of the equipment or programming associated with or utilized in the service nor for the conduct of any user and/or viewer of the Wiccanbrew service whether online or offline. Wiccanbrew assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user and/or member communications. Wiccanbrew is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Viewers or any other person’s computer related to or resulting from participating or downloading materials in connection with the Wiccanbrew site and/or in connection with the Wiccanbrew service. Under no circumstances is Wiccanbrew responsible for any loss or damage resulting from anyone’s use of the Site or the service and/or any content posted on the Wiccanbrew site or transmitted to Wiccanbrew Users. The use of this site is for entertainment purposes only, and the information provided is based on spiritual beliefs. There are no claims of the accuracy of the content, and You agree that Wiccanbrew makes no guarantees regarding the validity, truth, or likelihood of any and all information obtained on any of our sites, whether through public or private paid-for service of the site. The website offers “services and products”. Any purchases made from this site or Wiccanbrew, whether online, downloadable or otherwise, shall be subject to this disclaimer.
Wiccanbrew makes no claims nor guarantees any medical, supernatural, or magical qualities for any service or product that is sold on this site. The site, the service, and the merchandise are provided “AS-IS,” and Wiccanbrew expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Wiccanbrew cannot guarantee and does not promise any specific results from the use of the site and/or the purchases of services and products made from Wiccanbrew, this site, or the Wiccanbrew service, whether the purchase is made on the site or by mail. Once a purchase has been made and completed by Wiccanbrew, it is a final sale, and there are no refunds, reimbursements, or replacements. Please read the instructions and follow them carefully. Failure to follow the instructions carefully may inhibit the result you are looking for, and Wiccanbrew is not responsible and expressly disclaims the warranties and fitness for a particular purpose, as explained above.
10. Limitation on Liability
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Wiccanbrew be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the Wiccanbrew service, even if Wiccanbrew has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Wiccanbrews’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Wiccanbrew for the service and/or product purchased.
Your use of and browsing on the Site are at your risk. Neither Wiccanbrew nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Wiccanbrew also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Although Wiccanbrew may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Wiccanbrew is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Wiccanbrew will fully cooperate with any law enforcement authorities or court order requesting or directing Wiccanbrew to disclose the identity of anyone posting any such information or materials.
11. U.S. Export Controls:
Services and products from this site are further subject to United States export controls. No services or products from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Jurisdiction and Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use and/or your relationship with Wiccanbrew and/or your use of this site shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Los Angeles, California. The arbitration shall take place exclusively in Los Angeles and shall be governed by California law without regard to its conflict of law provisions.
The Sites are controlled and operated by Wiccanbrew from its offices within the State of California, United States of America. Wiccanbrew makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party, or Wiccanbrew may bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Wiccanbrew.
13. Indemnity
You agree to indemnify and hold Wiccanbrew, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
14. Chargebacks
Wiccanbrew will do everything to avoid chargebacks from being received from its customers. WE provide many means of dispute resolution. If you, as a Wiccanbrew customer, have a question or problem with a charge from us, we will be happy to work with you to resolve it and avoid a chargeback. In the event that you do issue a chargeback, Wiccanbrew will use this document and the customer’s agreement at the time of order to dispute your chargeback with your bank and our processing company. Any dispute/chargeback attempts will immediately result in the suspension of the work and referral to an outside, third-party collection agency.
Any customer who provides a credit card chargeback in response to a bill and or order placed at Wiccanbrew will be subject to collection agency action. We may append the following fees to your past-due or disputed balance before referral to our third-party collection agency: a $150.00 processing fee and/or a 22% collection fee to cover our costs in collection amounts past due. Please note that a collection agency action may badly hurt your credit. Please make sure that you AGREE to the Terms Of Services and our Privacy Policy before ordering any products and services from us.
15. Refund and Return Policy
If your spell does not work within six months, we will re-cast it for you at no extra cost -or- issue a full refund within 12 months of the order date. To be eligible for a refund, you must submit a refund request form two weeks before the one-year anniversary of placing your order. After one year has passed, we cannot issue refunds but may offer store credit up to 13 months after the original order date. Sales tax and shipping charges are excluded from any refund. All refunds are subject to Mandatory Materials Charges.
Mandatory Materials Charges that are excluded from the refund:
- Standard Cast ($29): 15 US$
- Standard Cast ($69): 40 US$
- Standard Cast ($140): 91 US$
- Triple Cast ($69): 40 US$
- Triple Cast ($99): 60 US$
- Triple Cast ($199): 129 US$
- Power Cast ($199): 129 US$
- Power Cast ($279): 181 US$
All refunds will be issued in the same manner as the payment was rendered.
16. Cancellation Charge
If you choose to cancel your order after payment has been made but before the ritual is completed, there will be a 20% cancellation charge. We understand that circumstances may change, which is why we urge customers to only make an order if they are certain of their decision. As soon as we receive payment, preparations for the ritual begin, including obtaining precious materials and ingredients. Additionally, handling payments and issuing refunds involves certain expenses and fees. Therefore, should you decide to cancel your order after making a payment, we reserve the right to charge a cancellation fee of 20%, which covers these costs and any unnecessary work resulting from the cancellation.
17. Notices/Other
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
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General Counsel, Wiccanbrew
[email protected]
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Wiccanbrew may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then-current Terms and Conditions to which you are bound.