Welcome to the Thecrypticbloom website and related interactive features, products, services, applications, or downloads (collectively, the “websites”), which are controlled by Thecrypticbloom, Inc. and its affiliates and subsidiaries (“company,” “we,” and “us”). By using our websites, you consent to the practices outlined in our terms of service and privacy statement. You may not use these websites if you do not accept these terms. We retain the right to alter or change these terms without prior notification. Your continued use of our websites or any associated websites after the publishing of modifications to these terms will indicate your acceptance of those modifications.
You agree that, with the exception of specific types of disputes indicated in the section titled “Agreement to Arbitrate,” all disagreements between you and us shall be handled by binding, individual arbitration, and you forgo your right to participate in a class action lawsuit or class-wide arbitration.
Copyright, Trademark and Ownership – All information shown on the Websites, including text, graphics, pictures, images, moving images, sound, and illustrations (“Content”), is the property of Company, its licensors, its agents, or the entity credited as the source of the Content. All elements of the Websites, including, but not limited to, the Websites’ general design, the Company’s trademarks, service marks, trade names (including the Company’s name, logos, the Websites’ names, and the Websites’ design), and other Content, are protected by trade dress, copyright, moral rights, trademark, and other intellectual property laws. The Websites may only be utilized for the purpose for which they were designed. Unless otherwise indicated on the Websites, you are permitted to view, play, print, and download documents, audio, and video from our Websites solely for personal, non-commercial reasons. Without Company’s prior written authorization, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the Company’s trademarks in any way, including in advertising or publicity connected to the distribution of content on the Websites. Use of Company trademarks on other websites is strictly prohibited. Company prohibits the use of its trademarks as “hot” links on or to other websites unless prior approval is granted. Unless otherwise expressly agreed, the Websites, its Content, and all related rights shall remain the exclusive property of Company or its licensors. You will not remove any notices of copyright, trademark, or other intellectual rights from content on the Websites.
Agreement to Arbitrate– The parties recognize that statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that, with the exception of statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to these Terms or any aspect of our relationship, whether based in contract, tort, statute, or otherwise, shall be resolved exclusively through binding arbitration. Judgment on the arbitrator’s award may be entered in any federal or state court with competent jurisdiction in the County of New York, State of New York. For additional information about arbitration, the American Arbitration Association, and the arbitration process, please visit www.adr.org. You acknowledge that by agreeing to these Terms, both you and we waive the right to a trial by jury, unless otherwise mentioned above. All issues are to be decided by the arbitrator, excluding those pertaining to the interpretation of the extent, application, and enforceability of this arbitration provision. The parties acknowledge that the Federal Arbitration Act regulates the interpretation and execution of this Article, as described in the section titled “General” below. This arbitration agreement shall survive the expiration or termination of these Terms. This arbitration agreement does not prohibit you from bringing matters to the notice of federal, state, or municipal agencies, and if the law permits, those agencies may pursue remedies against us on your behalf.
Unless you and we agree otherwise, the arbitration shall be conducted in New York County, New York State. For claims of $14,000 or less, you have the option of having the arbitration conducted only on the basis of documents presented to the arbitrator, or by a hearing conducted in person, by phone, or via online video conference.
The arbitrator may only award monetary or equitable remedy to the party requesting relief, and only to the degree necessary to give the relief required by that party’s unique claim. To decrease the time and cost of the arbitration, the arbitrator will not provide an explanation for their award unless both parties want one. Unless you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any other sort of representative or class proceeding.
Waiver of Class Actions – You and the company agree that each party may pursue claims against the other party solely in an individual capacity, and not as a plaintiff or class member in any putative class or representative procedure, such as a federal or state class action lawsuit.
Order Eligibility – You may only purchase products and services for personal, non-commercial use, unless otherwise specified at the time of purchase. We reserve the right to reject any order that we have reason to think will be resold outside of Company-approved distribution channels. We make no representations or guarantees that the products or services offered on the Websites are suitable for use in areas outside the United States or that they are accessible there. It is prohibited to access the Websites from locations where their content is banned or unlawful. You must ascertain and comply with all local, state, national, and international laws (including minimum age restrictions) regarding the ownership, use, and sale of any goods or service purchased from these Websites. There is no binding promise to sell, distribute, or give away any products or services on the Websites. We reserve the right, regardless of whether or not the transaction has been confirmed or you have been charged, to refuse or cancel any orders placed at the wrong pricing. We reserve the right at any time after receipt of your order to accept or deny such order, or any portion thereof, or to not ship to specific addresses, even if you have received an order confirmation or been charged.
Products and Services – The offered products and services are described in detail on the websites. All listed and charged prices are in U.S. dollars. Sales and any applicable taxes are not included and are in addition to the sale price. The real tax amount will be computed based on your shipping location, and it may differ from the projected tax amount. On past orders, discounts and sale prices cannot be applied. We reserve the right to cut short any special order or sales campaign. All features, information, specifications, products, and prices of products and services stated or displayed on these websites are subject to change without prior notice at any time. The inclusion of any products or services on these Websites at a specific time does not imply or promise that they will always be available. Occasionally, a product’s or service’s availability may be delayed. The terms and conditions of any offer communicated to you during the ordering process are deemed to be included into these Terms.
Returns and Refunds – Unless noted otherwise at the time of purchase, all sales are final and no refunds or credits will be given. If we do permit a return or offer a refund or credit, we are not required to do so in the future. In some jurisdictions, extra legislative rights may exist. Nothing in this policy is intended to limit your return or cancellation rights under local law.
Charges – Company will charge your credit card or one of the other payment options it provides for all fees associated with products and services supplied on the Websites. You promise to give accurate and current payment details. You agree to reimburse Company for all costs needed to recover past-due amounts, including attorneys’ fees and other legal fees, should legal action be required to collect on outstanding accounts. You are responsible for the acquisition and payment of all Internet connection services required for use of these Websites, as well as all fees assessed by your financial institution in relation to such charges. Payment commitments cannot be canceled, and fees paid cannot be refunded. In addition to other rights and recourses, Company may suspend or terminate your account if any sum is past due. You must send writing notice to Company within ten (10) business days of the date of any disputed charges. Reasons for disputing the charge must be stated in reasonable detail in the notice of dispute.
The use of promotional codes – Company may occasionally give discount codes redeemable at the time of purchase. These coupons cannot be transferred and may only be used by the designated recipient; they have no cash value and cannot be redeemed for cash. When the total value of the promotion code exceeds the price of the item, we retain the right to revoke the promotion code and restrict its redemption. Multiple discount coupons cannot be combined. When a promotion or promotional code has been conveyed to a specific individual, the promotional code is nontransferable, and the same name and email address must be provided at checkout. We are not liable for any monetary damage incurred as a result of our refusal, cancellation, or withdrawal of a campaign, or a customer’s failure or inability to use a promotional code for any reason.
Contests and Advertising – Occasionally, we, our advertisers, or other parties may run promotions and other activities, including competitions and sweepstakes, on, through, or in connection with the Websites. In some instances, it is possible to win a prize. Each promotion may be subject to additional terms, conditions, or eligibility criteria that may be publicized or otherwise made accessible to you in compliance with relevant law.