ShamansCave Terms of Service

 

www.ShamansCave.com

 

Updated: July 28, 2022

 

Please read these Terms of Use in their entirety before using or accessing www.ShamansCave.com (the “Website”). This Terms of Use is provided by ShamansCave Contemporary Shamanism (“we,” “us,” “our,” or “ShamansCave”) for our Website and for all of our classes, website content, emails, articles, activities, offerings, and communications (collectively, the “Content”).

These Terms of Use spell out the community rules, obligations, requirements, and terms and conditions for using and accessing our Website and Content. Anyone using or accessing our Website or Content must follow these Terms of Use.

Your use of our Website or Content serves as your voluntary agreement to be bound by the terms of this Terms of Use, our Disclaimer, and Privacy Policy. Please carefully read each of these before using or accessing our Website or Content.

 

If you do not agree to these terms, if you are under 18 years old, or if you are unable to consent to these terms, DO NOT use or access the Website or the Content.

 

We reserve the right to update these Terms of Use from time to time, and to notify you of the updates by posting the updated Terms of Use on the Website.

If you have any questions, please contact us at [admin@shamanscave.com].

Community Rules:

Any person who uses or accesses our Website or Content is not permitted to do the following:

  • use or access the Website or the Content, or any information or features therein, in any way that is illegal, abusive, malicious, pornographic, violent, offensive, obscene, discriminatory, harmful, libelous, defamatory, harassing, or otherwise improper;
  • make use of any information posted on or shared to our Website or Content outside of the context in which it was originally shared or intended to be used;
  • violate any of our intellectual property or other legal rights, including without limitation by reposting, reproducing, copying, displaying or making derivative works of our Website or Content without our prior express written consent;
  • disclose, post, or share any third-party confidential information, or any information which you do not have the full legal right to disclose, post, or share;
  • use another user’s username or password;
  • scrape or crawl, by any means, to collect, access, view or use information from the Website or the Content;
  • post “spam” or excessive or unrequested content;
  • promote your own content using our Website or Content without our prior express written consent;
  • reverse-engineer, dissemble, decompile, modify, or create derivative works unless this restriction is specifically prohibited by applicable law;
  • take any action that may reasonably be expected to be dangerous or harmful to members of our community or to the public; and
  • take any action in violation of any other part of this Terms of Use or applicable law.

We reserve the right to ban or restrict the access of any person to our Website and Content, at any time, in whole or in part, for any possible or confirmed violation of any portion of our Terms of Use as determined by us in our sole discretion.

We also reserve the right to remove any comments, posts, images, or any other user-provided content from our Website or Content at any time.

Usernames and Passwords:

Certain areas of our Website or Content are for members only. To access these member areas of the Website and Content, you will need to create a unique username and password. Your username and password are solely for your own use, and you are responsible to keep your username and password safe. ShamansCave is not responsible for any actions taken by you or any third party using your username or password. Please notify [admin@shamanscave.com] immediately if you believe someone has gained unauthorized access to your username or password.

Linking to our Website:

You may share links to our Website on other websites and social media platforms, provided that you link directly to our Website, give credit to ShamansCave, do not remove any copyright or other intellectual property notices, and do not state or imply that any of our Website or Content are yours.

You may not share links to our Website in any way that is illegal, abusive, malicious, pornographic, violent, offensive, obscene, discriminatory, harmful, libelous, defamatory, harassing, or otherwise improper, or that would otherwise violate these Terms of Use or applicable law.

Intellectual Property: 

The entirety of the Website and Content is owned by ShamansCave, as are all intellectual property rights therein. Our Website and Content are subject to United States copyright and trademark protection laws and are Copyright © 1999 - 2022 Gary Mills. Given that our Website and Content embody many years of work and expertise we take very seriously any infringement of our intellectual property rights and our other legal rights in this work. We reserve the right to fully enforce and prosecute our intellectual property rights.

If you use or access our Website or Content in any way, you do so solely subject to the terms of a limited-use license from us, which permits you to use the Website and Content solely for your own personal, non-commercial informational and educational purposes. This limited-use license does not permit you to copy, display, reproduce, republish, download, distribute, modify, republish, or create derivative works of, or use for any other purposes than those expressly set forth in our Terms of Use, any of our Website and Content, unless you request and receive our prior express written consent to such use. This limited-use license is not sublicensable, it does not permit you to sell, modify, rent, or loan our intellectual property, Website or Content in any way, and it does not give you any interest or rights, by implication, estoppel, or otherwise, in any of our intellectual property, Website, or Content. This limited-use license does not permit you to use or access our Website or Content in violation of these Terms of Use, our Disclaimer or Privacy Policy, in violation of any of our other Website or Content policies or terms and conditions that may be disclosed to you that you have agreed to, in violation of any applicable law, or in any manner that is illegal, abusive, malicious, pornographic, violent, offensive, obscene, discriminatory, harmful, libelous, defamatory, harassing, or otherwise improper.

User Content:

If you provide us with comments on our Website, submissions to our public forums, testimonials, form entry submissions, public questions and/or responses, and other such information, you represent that you have the legal right to provide and disclose such information or content to us, and you hereby grant us the right and license to use this information or content for our business purposes. You agree not to provide us with any information or content in violation of any applicable law, including any information or content that infringes a third party’s intellectual property, privacy, or other legal rights.

If you do not have the legal right to disclose such information to us, if your local law does not permit us to receive or use such information for such purposes, or if you do not or cannot consent to this Terms of Use, our Disclaimer and Privacy Policy, DO NOT share any information with us.

Third Parties:

ShamansCave does not endorse any third parties or other companies or products. If there are any references or links to other websites, materials, or products belonging to third parties, these are provided only for convenience, just as you may have accessed ShamansCave via a link from another third-party website.

ShamansCave does not have control over any third parties, does not monitor or administer any third parties or any third-party hardware or software, and is not liable or responsible for any actions of third parties.

Your choice to use any third-party website or platform, email or chat client, web browser, or other material or technology in connection with accessing or using our Website and Content is at your own risk and will be governed by such third party’s policies, including its privacy policies and terms of use. You are solely responsible for reading and complying with the policies, rules, and terms of use of third-party websites, materials, products, and services you use.

To the MAXIMUM extent permitted by law, ShamansCave disclaims all representations or warranties, express or implied, of any kind as to the accuracy, completeness, reliability, freedom from errors, currency, merchantability, or fitness for a particular purpose, of any third party websites, materials, or products that may be referenced, linked from, or used on or in our Website or Content, or used by you in connection with using or accessing the Website or the Content, including without limitation any third party social media website or platform, email or chat client, web browser, or other materials or technology.

Members Areas:

If you choose to post or provide information in members forums or chat, this information will be accessible to other members who have access to those areas. Please be aware of the possibility that these persons could access this information.

As set forth above in the “Community Rules” section of this Terms of Use, we reserve the right to ban or restrict the access of any person to our Website and Content for the improper use of any information contained in any of our Website or Content.

Public Posts:

When you are using our Website and Content, please note that if you choose to post or provide information in public forums or a public chat, this information will be accessible to anyone who visits these public areas of the Website and may be used and accessed by third parties. We do not control the behavior of any third parties, so please be aware of the possibility that third parties could access or use this information.

Complaints:

If you have any problems with our Website or Content, contact us directly a [admin@shamanscave.com] so that we may attempt to respond and address your concerns.

Refunds:

We do not offer refunds, except within twenty-four (24) hours in the case of a mistaken purchase. If you have made a purchase by mistake, please do not access, use, or download any class materials and contact us at [admin@shamanscave.com]. We do not offer any refunds after you have started taking a class, or after you access, use, or download the class materials.

Payment Processing:

We do not control, and we are not liable for, any third-party payment processing companies, credit card companies, credit reporting agencies, or any other third parties or external circumstances you may encounter while making purchases from us, and we cannot guarantee that the Internet is completely secure. Transmission of information to and from our Website, from you to us in any way, or between you and any third party, is entirely at your own risk. You should only access our Website and Content within a secure environment. We are not responsible for, and you hereby release us from, any and all liability, damages, claims, or demands of any kind, relating to or arising out of any damages or costs you may incur in making purchases from us, our Website, or Content.

Governing Law and Dispute Resolution:

These Terms of Use, as well as our Privacy Policy and Disclaimer, and any dispute, action, suit, proceeding, or other matter arising out or resulting from of our Terms of Use, Privacy Policy, Disclaimer, Website, or Content (collectively, a “Dispute”), shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without applying any choice of law principles that would cause the application of the laws of another jurisdiction.

In the case of any Dispute, you hereby irrevocably consent and submit to the exclusive jurisdiction of the United States District Court for the Western District of Kentucky  or the state courts of the Commonwealth of Kentucky located in the city of Louisville, Jefferson County, Kentucky. You hereby irrevocably and unconditionally waive and agree not to plead or claim any jurisdictional, venue, or inconvenient forum objection to such courts.

Limitation of Damages and Disclaimer:

You hereby irrevocably and unconditionally waive and agree that the maximum award that can be issued to you, in connection with any Dispute, is a full refund of any payment you have made to us for the service, activity, class, or other Content that is at issue in such Dispute, and that we will not be liable to you for any DIRECT, incidental, consequential, indirect, exemplary, punitive, or other damages. You also hereby acknowledge and agree that you have fully reviewed and agreed to all of our Terms of Use, Privacy Policy, and Disclaimer, and that you understand your use and access of our Website and Content is always at your own risk.

TO THE MAXIMUM extent permitted by law, ShamansCave disclaims all warranties, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. To the MAXIMUM extent permitted by law, ShamansCave disclaims all liability related to your use, inability to use, viewing, purchase, download, or access to the Website and Content, and neither ShamansCave nor any person involved in creating, producing, or delivering this Website or the Content shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect, exemplary, or punitive damages, whether or not advised of the possibility of such damages, arising out of the use, inability to use, viewing, purchase, download, or access to the Website or the Content, or any errors or omissions therein, which limitation includes damages to your computer equipment. Our Website and Content are provided AS-IS AND WITHOUT WARRANTIES OF ANY KIND.

You agree that your access to and use of this Website and the Content is at your own risk.

Release:

By using or accessing our Website or Content, or purchasing any classes or other Content from us, you thereby agree to release and forever discharge, to the maximum extent permitted by law, ShamansCave, and its agents, employees, officers, staff, employees, volunteers, representatives, successors, assigns, insurers, affiliates, and any other persons acting on our behalf, from any and all liability, damages, claims, or demands of any kind, whether known or unknown, relating to or arising out of our Website or Content, our Terms of Use, Privacy Policy or Disclaimer, any purchases you make from ShamansCave, or other activities, classes, or interactions with us that you participate in.

Additional Terms:

Headers are provided as a convenience only and will not influence the interpretation of the provisions, terms, and clauses of our Terms of Use, Privacy Policy, and Disclaimer.

If any provision, term, or clause in our Terms of Use, Privacy Policy, or Disclaimer shall be held or found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions, terms, and clauses shall not in any way be affected or impaired thereby.

Any instance of failure to enforce any provision in our Terms of Use, Privacy Policy, or Disclaimer shall not operate as a waiver of such provision and shall not operate to prevent or limit us from fully enforcing it in the future.

The terms of our Terms of Use, Privacy Policy, Disclaimer, and any of our other Website or Content policies or terms and conditions that may be disclosed to you that you have agreed to, will survive and remain in effect even after your use or access to the Website or Content is terminated or ends.

For More Information:

For questions about these Terms of Use, our Disclaimer or Privacy Policy, or about ShamansCave  please contact us at [admin@shamanscave.com].