• Terms & Conditions •

Last updated: November 1, 2024

Introduction

Please read these Terms of Use (“Terms”) carefully before using the Horror Brains website (the “Service”) operated by Horror Brains (“we,” “us,” or “our”). By accessing or using the Service, you agree to comply with and be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Service. If you disagree with any part of the Terms, please refrain from accessing the Service.

Intellectual Property

The Service, including its original content, features, and functionality, remains the exclusive property of Horror Brains and its licensors. All intellectual property rights are reserved.

User Responsibilities

You agree to use the Service in compliance with all applicable laws and regulations. You are solely responsible for any content you upload, post, or transmit via the Service. You may not use the Service to engage in illegal activities, infringe on intellectual property rights, or otherwise disrupt the normal operation of the Service.

Links to Third-Party Websites

Our Service may contain links to third-party websites or services not owned or controlled by Horror Brains. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Horror Brains is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through third-party websites or services. We strongly encourage you to review the terms and privacy policies of any third-party websites or services you visit.

Account Security

If any part of the Service requires you to create an account, you are responsible for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Termination

We reserve the right to terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including, but not limited to, a breach of these Terms. All provisions of these Terms that by their nature should survive termination will continue to remain in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limitation of Liability

To the fullest extent permitted by applicable law, Horror Brains, its affiliates, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising from your use of or inability to use the Service. This includes any damages resulting from errors, omissions, interruptions, or defects in the Service.

Indemnification

You agree to indemnify, defend, and hold harmless Horror Brains, its affiliates, officers, agents, and employees from any claim, demand, loss, or damage, including reasonable attorney’s fees, arising from your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of a third party.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Privacy

By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. We encourage you to review our Privacy Policy to understand how we handle your personal data and how we protect your privacy.

Governing Law

These Terms are governed by and construed in accordance with the applicable laws, without regard to conflict of law principles. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of those rights.

If any provision of these Terms is found by a court to be invalid or unenforceable, the remaining provisions will continue to be in effect. These Terms represent the entire agreement between us regarding the Service and supersede any prior agreements or understandings.

Dispute Resolution

Any disputes or claims arising out of or in connection with these Terms or the use of the Service will be resolved through binding arbitration, rather than in court. Arbitration will be conducted in accordance with the rules of the relevant arbitration association, and the arbitration will be held in a location determined by us. By agreeing to these Terms, you waive your right to a jury trial.

Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of law, the remainder of the Terms will remain in full force and effect.

Changes

We reserve the right to modify or replace these Terms at our sole discretion. In the event of material changes, we will make efforts to provide at least 30 days’ notice before new terms become effective. Your continued use of our Service following any changes indicates your acceptance of the revised terms. If you do not agree to the new terms, please discontinue use of the Service.

Contact Us

If you have any questions or concerns regarding these Terms and Conditions, please reach out to us via email or the Contact Form on our website.