• Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Thorn & Oak Metaphysical. Thorn & Oak Metaphysical provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any time at:
http://www.ThornandOak.com/terms.php. In addition, when using particular Thorn & Oak Metaphysical
services, you and Thorn & Oak Metaphysical shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such guidelines or rules (including but not
limited to our Privacy Policy) are hereby incorporated by reference into the TOS. Thorn & Oak
Metaphysical may also offer or be associated with other services by itself or via partners or customers
that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Thorn & Oak Metaphysical is part of the Smart Bomb Enterprises Network of email newsletters, websites
and other properties. Thorn & Oak Metaphysical currently provides users with access to a collection of
resources, including but not limited to, information about paganism,wiccanism,shaminism (the "Service").
You also understand and agree that the Service may include advertisements and that these advertisements
are necessary for Thorn & Oak Metaphysical to provide the Service. You also understand and agree that
the service may include certain communications from Thorn & Oak Metaphysical, such as service
announcements, administrative messages and certain branded and co-branded email newsletters and that
these communications are considered part of your Thorn & Oak Metaphysical membership. As a submitter to
Thorn & Oak Metaphysical you may unsubscribe from Thorn & Oak Metaphysical and all future Thorn & Oak
Metaphysical communications but Thorn & Oak Metaphysical reserves the right to remove your listing from
the free Thorn & Oak Metaphysical service. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new Thorn & Oak Metaphysical
properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS"
and that Thorn & Oak Metaphysical assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Please be aware that Thorn & Oak Metaphysical may have created certain areas on the Service that contain
adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding
contract and are not a person barred from receiving services under the laws of the United States, Canada
or other applicable jurisdiction and are authorized to represent the company who owns the website you
are submitting . It is required that you submit proper contact information. If you are a third party
operating on behalf of another company it is also required that you provide proper contact information
for Thorn & Oak Metaphysical to contact a representative of the company and this includes a company
contact email address. You also agree to: (a) provide true, accurate, current and complete information
about yourself and/orthe business you are representing as prompted by the Service's registration form
(such information being the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Thorn & Oak Metaphysical has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Thorn & Oak Metaphysical has the
right to suspend or terminate your listing and Thorn & Oak Metaphysical Membership and refuse any and
all current or future use of the Service (or any portion thereof). Thorn & Oak Metaphysical may also
attempt to update or enhance the information you provided (including but not limited to the contact
information you provided for the company you represent including physical business address and email
contact address) by visiting and/or searching your submitted websites or searching the web for
identifying information about you, your website or business. Thorn & Oak Metaphysical may also phone you
or your business to update or enhance the data you provided. Additionally, Thorn & Oak Metaphysical may
utilize append services to add data related to you, your site or business to the Thorn & Oak
Metaphysical database and make available all or part of this data for web display. Thorn & Oak
Metaphysical is concerned about the safety and privacy of all its users, particularly children. Please
remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services and/or Content (as defined in Section
6 below) are appropriate for your child.
4. THORN & OAK METAPHYSICAL PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more
information, see our full privacy policy at http://www.ThornandOak.com/privacy.php.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and Membership Account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password or account. You agree to (a)
immediately notify Thorn & Oak Metaphysical of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the end of each session.
Thorn & Oak Metaphysical cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means that you, and not Thorn &
Oak Metaphysical, are entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Thorn & Oak Metaphysical does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Thorn & Oak Metaphysical be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Thorn & Oak Metaphysical official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that Thorn & Oak Metaphysical may not pre-screen Content, but that Thorn & Oak
Metaphysical and its designees shall have the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service. Without limiting the foregoing, Thorn &
Oak Metaphysical and its designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by Thorn & Oak Metaphysical
or submitted to Thorn & Oak Metaphysical.
You acknowledge, consent and agree that Thorn & Oak Metaphysical may access, preserve, and disclose your
account information and Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your
requests for customer service; or (e) protect the rights, property, or personal safety of Thorn & Oak
Metaphysical, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components
that permit digital materials to be protected, and use of these materials is subject to usage rules set
by Thorn & Oak Metaphysical and/or content providers who provide content to the Service. You may not
attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold Thorn & Oak Metaphysical, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion of the Service (including your Thorn & Oak Metaphysical I.D.), use of the Service, or access
to the Service.
10. MODIFICATIONS TO SERVICE
Thorn & Oak Metaphysical reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that
Thorn & Oak Metaphysical shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
11. TERMINATION
You agree that Thorn & Oak Metaphysical may, under certain circumstances and without prior notice,
immediately terminate your Thorn & Oak Metaphysical account, listing and company profile content, and
access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, and (f) extended periods of inactivity. Termination of your Thorn & Oak Metaphysical
account includes (a) removal of access to all offerings within the Service, (b) at Thorn & Oak
Metaphysical's discretion, deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall be made in Thorn & Oak Metaphysical's
sole discretion and that Thorn & Oak Metaphysical shall not be liable to you or any third-party for any
termination of your account, any associated email address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely between you
and such advertiser. You agree that Thorn & Oak Metaphysical shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because Thorn & Oak Metaphysical has no control over such sites and resources, you acknowledge and agree
that Thorn & Oak Metaphysical is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources. You further acknowledge and agree that
Thorn & Oak Metaphysical shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
14. THORN & OAK METAPHYSICAL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the
Service ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Thorn & Oak Metaphysical or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in
part.
Thorn & Oak Metaphysical grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the Service by any means other
than through the interface that is provided by Thorn & Oak Metaphysical for use in accessing the
Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THORN & OAK METAPHYSICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THORN & OAK METAPHYSICAL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUREXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THORN & OAK METAPHYSICAL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THORN & OAK METAPHYSICAL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THORN & OAK
METAPHYSICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other
information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes.
Thorn & Oak Metaphysical and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available via the Service, and shall
not be responsible or liable for any trading or investment decisions made based on such information.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party
beneficiaries to this Agreement.
20. NOTICE
Thorn & Oak Metaphysical may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
21. TRADEMARK INFORMATION
The, Thorn & Oak Metaphysical logo, is a trademark of Smart Bomb Enterprises, (the "Thorn & Oak
Metaphysical Marks"). Without Smart Bomb Enterprises's prior permission, you agree not to display or use in any manner, the Thorn & Oak Metaphysical Marks.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Thorn & Oak Metaphysical respects the intellectual property of others, and we ask our users to do the same. Thorn & Oak Metaphysical may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. To report infringement please contact us at support@ThornandOak.com.
23. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and Thorn & Oak Metaphysical and governs your use of the Service, superceding any prior agreements between you and Thorn & Oak Metaphysical. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Thorn & Oak Metaphysical services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Thorn & Oak Metaphysical shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law
provisions. You and Thorn & Oak Metaphysical agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Victoria in the Province of British Columbia, Canada.
Waiver and Severability of Terms. The failure of Thorn & Oak Metaphysical to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. VIOLATIONS
Please report any violations of the TOS to support@ThornandOak.com.
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